Parliamentary Sovereignty
This essay aims to discuss the conception of parliamentary sovereignty, and how it retains sovereignty over the UK, despite a proportion of its powers being abdicated to EU law, as with its statutory recognition of human rights.
Stemming as one of the fundamental tenets of the UK constitution, parliamentary sovereignty is often traditionally defined to that of what Dicey states, ‘the right to make or unmake any law whatever; and further, that no person or body is recognised by the law one England as having a right to override or set aside the legislation of Parliament’. This undoubtedly places parliament as the supreme law-making authority in the UK, responsible for legislating statutory law (Ingman, 2011).
With regard to parliamentary legislation, there is no limit. Such law-making supremacy allowed Sir Ivor Jennings to metaphorically describe parliament as having the legal powers to turn a man into a woman. Sir Leslie Stephens also described that Parliament could pass legislation to have blue eyed babies put to death if it so wishes to.
Simply put, the doctrine of parliamentary sovereignty is built around 3 …show more content…
This was demonstrated in Madzimbamuto v Lardner-Burke, which concerns Westminster parliament’s power to legislate for Rhodesia (Bradley, Ewing and Knight, 2015). As a result, cases such as Madzimbamuto raises arguments of how parliament would be unconstitutional, if they were to abuse authority, and implement laws that would be deemed by the general populace as morally and politically incorrect. Parliamentary supremacy was further demonstrated in the cases of Cheney v Conn and British Railway Board v Pickin, where an Act of parliament was supreme, and the courts are not to question or challenge it, but to give effect to its terms (Bradely, Ewing and Knight,
Stemming as one of the fundamental tenets of the UK constitution, parliamentary sovereignty is often traditionally defined to that of what Dicey states, ‘the right to make or unmake any law whatever; and further, that no person or body is recognised by the law one England as having a right to override or set aside the legislation of Parliament’. This undoubtedly places parliament as the supreme law-making authority in the UK, responsible for legislating statutory law (Ingman, 2011).
With regard to parliamentary legislation, there is no limit. Such law-making supremacy allowed Sir Ivor Jennings to metaphorically describe parliament as having the legal powers to turn a man into a woman. Sir Leslie Stephens also described that Parliament could pass legislation to have blue eyed babies put to death if it so wishes to.
Simply put, the doctrine of parliamentary sovereignty is built around 3 …show more content…
This was demonstrated in Madzimbamuto v Lardner-Burke, which concerns Westminster parliament’s power to legislate for Rhodesia (Bradley, Ewing and Knight, 2015). As a result, cases such as Madzimbamuto raises arguments of how parliament would be unconstitutional, if they were to abuse authority, and implement laws that would be deemed by the general populace as morally and politically incorrect. Parliamentary supremacy was further demonstrated in the cases of Cheney v Conn and British Railway Board v Pickin, where an Act of parliament was supreme, and the courts are not to question or challenge it, but to give effect to its terms (Bradely, Ewing and Knight,