As we know parliamentary sovereignty is very important within the UK law. To express the importance, parliamentary supremacy means that parliament has unlimited legal power to act within any law without external restraint. In R V A-G 2006, Lord Bingham described this as the bedrock to the british constitution. Parliamentary supremacy came into the UK in 1689. This was after King James II had tried to use Royal prerogatives to favour the catholics. William of Orange and Mary did not approve and as soon as they came into power they created the Bill Of Rights, this stated that parliament is supreme and they have the power to raise taxes and create legislation.
Dicey made a comment on the importance of parliamentary supremacy saying that “parliament, …show more content…
Royal prerogative effects parliamentary supremacy here as if a statute is repealed then the royal prerogative comes out of abeyance and is back to been a rule. However, this principle does not have much of an affect on parliamentary supremacy because as soon as parliament create another statute which conflicts, the royal prerogative is back in abeyance again.
Thirdly, No one can question the validity of parliament enactments. This has no effect on parliamentary supremacy at all, this is due to the fact that a statute prevails every time, as soon as a royal prerogative and a statute comes into conflict the royal prerogative goes into abeyance and statute comes out on top. Therefore, these 3 principles prove that Royal Prerogatives have no effect on parliamentary supremacy at all, as parliament would just need to create another statute in order to force the royal prerogative into …show more content…
However, this doesn’t affect parliamentary supremacy as it is a statute passed by parliament, it can be expressly repealed. Finally, EU law does not affect the validity of parliamentary supremacy at all, it just over-rules any statutes which have been created by parliament.
Overall, Parliament is superior within the UK itself and over rules Royal prerogatives but it is inferior to EU law, which can make rules to squash a parliament statute. This is because we opted to join the EU as parliament thought it was the best thing to do and therefore we have to follow the rules and laws in which they create and tell us to
Dicey made a comment on the importance of parliamentary supremacy saying that “parliament, …show more content…
Royal prerogative effects parliamentary supremacy here as if a statute is repealed then the royal prerogative comes out of abeyance and is back to been a rule. However, this principle does not have much of an affect on parliamentary supremacy because as soon as parliament create another statute which conflicts, the royal prerogative is back in abeyance again.
Thirdly, No one can question the validity of parliament enactments. This has no effect on parliamentary supremacy at all, this is due to the fact that a statute prevails every time, as soon as a royal prerogative and a statute comes into conflict the royal prerogative goes into abeyance and statute comes out on top. Therefore, these 3 principles prove that Royal Prerogatives have no effect on parliamentary supremacy at all, as parliament would just need to create another statute in order to force the royal prerogative into …show more content…
However, this doesn’t affect parliamentary supremacy as it is a statute passed by parliament, it can be expressly repealed. Finally, EU law does not affect the validity of parliamentary supremacy at all, it just over-rules any statutes which have been created by parliament.
Overall, Parliament is superior within the UK itself and over rules Royal prerogatives but it is inferior to EU law, which can make rules to squash a parliament statute. This is because we opted to join the EU as parliament thought it was the best thing to do and therefore we have to follow the rules and laws in which they create and tell us to