Parliamentary Sovereignty in Theory and in Practice
Question: WHAT IS PARLIAMENTARY SOVEREIGNTY IN THEORY AND IN PRACTICE? Sovereignty is defined as the supreme power or authority. Therefore, ‘parliamentary sovereignty’ means there is supremacy or authority of parliament in making or unmaking the law as they like. According to A.V. Dicey, the parliament sovereignty is the single most important principle of the UK constitution. With the Parliament’s supremacy, 'no person or body is recognised by the law of England as having the right to override or set aside the legislation of Parliament ' (Roberts 2006: 87). The Fixed-term Parliaments Act 2011, for example, can be used to explain parliamentary sovereignty in theory, while other examples such as Margaret Thatcher’s poll tax, the rebels of Conservative backbenchers, devolution of power, as well as UK’s entry to the European Union and the Human Rights Act of 1998 can be used to explain parliamentary sovereignty in practice. This essay will further discuss and explain the distinction between parliamentary sovereignty in theory and in practice.
'In theory at least, Parliament could repeal any of the laws implementing these changes. ' (Parliament. 2011) No one, for example the courts, is to question 'the validity or constitutionality of an act of Parliament ' (Encyclopedia. 2009). In theory of the parliamentary sovereignty, the Parliament has the power to change, remove or make any law. This means that the new Parliament can change the rules or laws of the past parliaments. Firstly, the Fixed-term Parliaments Act 2011, one of the acts of the Parliament of the United Kingdom, introduced the fixed-term elections. Under this type of election, general elections in the United Kingdom at least, will be held in every five years. The Fixed-Term Parliaments Act of 2011 shows that previous laws does not bind the laws of the future – laws can be changed from time to time, the Parliament is unable to bind its successors (future parliaments). ‘Parliament could repeal
'In theory at least, Parliament could repeal any of the laws implementing these changes. ' (Parliament. 2011) No one, for example the courts, is to question 'the validity or constitutionality of an act of Parliament ' (Encyclopedia. 2009). In theory of the parliamentary sovereignty, the Parliament has the power to change, remove or make any law. This means that the new Parliament can change the rules or laws of the past parliaments. Firstly, the Fixed-term Parliaments Act 2011, one of the acts of the Parliament of the United Kingdom, introduced the fixed-term elections. Under this type of election, general elections in the United Kingdom at least, will be held in every five years. The Fixed-Term Parliaments Act of 2011 shows that previous laws does not bind the laws of the future – laws can be changed from time to time, the Parliament is unable to bind its successors (future parliaments). ‘Parliament could repeal
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