Can Parliament Bind It Succesor
Can parliament binds its successors?
The rule that parliament may not bind its successors is often cited both as a limitation on legislative supremacy .By definition , the regulation laid down by a predecessor cannot bind the present sovereign,for otherwise the present holder for the post would not be sovereign.Dicey, outstanding exponent of the sovereignty of parliament accepted this point :
‘’The logical reason why parliament has failed in its endeavours to enacted unchangeable enactment is that power cannot . while retaining its sovereign character , restrict its own power by any parliamentary enactment .’’
Thus to state that no parliament may bind its sucessors is to assume that all future parliament same attribute of sovereignty as the present parliament .but why must this be? The problem is less intractable than the comparable conundrum of whether an can bind its itself, for even sovereign parliament are human institution and there is nothing inherently impossible in the idea of a supreme parliament make fresh constitution arrangement for the future.
a) Some matter authorized by legislation are of such a kind that, once done, they cannot be undone by a later act. Thus , over 60 years after parliament appoved the decision og heloholand to germany in 1890. Parliament repealed the statue by which cession was approved . But in so doing , parliament did not expect that this would recover territory for UK. When parliament confers independent upon a colony , as it has done on many occasion . it has been practice since 1960 to provide that no future act of the UK parliament ‘ shall extend or to be deemed to extend’ to the independent country as part of its law; and that UK government should they after have no responsibility for the government of the country as part of its law. Earlier independence act were less categorical , since it was though that in some circumstances it might be convenient for wesminster parliament to continue to legislate
The rule that parliament may not bind its successors is often cited both as a limitation on legislative supremacy .By definition , the regulation laid down by a predecessor cannot bind the present sovereign,for otherwise the present holder for the post would not be sovereign.Dicey, outstanding exponent of the sovereignty of parliament accepted this point :
‘’The logical reason why parliament has failed in its endeavours to enacted unchangeable enactment is that power cannot . while retaining its sovereign character , restrict its own power by any parliamentary enactment .’’
Thus to state that no parliament may bind its sucessors is to assume that all future parliament same attribute of sovereignty as the present parliament .but why must this be? The problem is less intractable than the comparable conundrum of whether an can bind its itself, for even sovereign parliament are human institution and there is nothing inherently impossible in the idea of a supreme parliament make fresh constitution arrangement for the future.
a) Some matter authorized by legislation are of such a kind that, once done, they cannot be undone by a later act. Thus , over 60 years after parliament appoved the decision og heloholand to germany in 1890. Parliament repealed the statue by which cession was approved . But in so doing , parliament did not expect that this would recover territory for UK. When parliament confers independent upon a colony , as it has done on many occasion . it has been practice since 1960 to provide that no future act of the UK parliament ‘ shall extend or to be deemed to extend’ to the independent country as part of its law; and that UK government should they after have no responsibility for the government of the country as part of its law. Earlier independence act were less categorical , since it was though that in some circumstances it might be convenient for wesminster parliament to continue to legislate