Importance Of Parliamentary Supremacy In Parliament

Good Essays
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Royal prerogative effects parliamentary supremacy here as if a statute is repealed then the royal prerogative comes out of abeyance and is back to been a rule.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However, this doesn’t affect parliamentary supremacy as it is a statute passed by parliament, it can be expressly repealed.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

Related Documents

  • Decent Essays

    As Sir William Blackstone SL KC (10 July 1723 – 14 February 1780) an English jurist, judge and Tory politician of the eighteenth century stated, 'true it is, that what the Parliament no authority on earth can undo'(http://www.ukessays.com/essays/cultural-studies/parliamentary-sovereignty.php). If a parliament makes a law on cigarette for example and it is a valid act but a very severe one, the Court cannot interfere by stating that the legislation is too severe, being a valid act it has ultimate power. Parliament is the supreme lawmaker; any other body does not have the authority to judge statutes invalid for violating either moral or legal principles of any kind and there are no fundamental constitutional laws that parliament cannot change, other than the doctrine of parliament sovereignty itself. From this second implication of legislative supremacy three important observations can be made: 1. Courts are bound to apply Acts of Parliament and cannot pronounce upon their validity or constitutionality.…

    • 713 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    The Stuart Period

    • 837 Words
    • 4 Pages

    James used divine rule proclaiming the monarch was “God’s Lieutenant”. In the book called “The Trew Law of a Free Monarchy,” which was published in 1598, James wrote the monarch had full control over the political, economic, and religious affairs of the country. Although the book was written before James became King of England, it can easily exhibit that James was devoting himself into the divine right of kings. Between King James and the parliament there had been serious tensions over financial issues as James needed money for his lavish lifestyle and wars with France. Additionally, religious disputes increased the tensions between the king and the parliament.…

    • 837 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    ‘Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK’s statutory recognition of human rights. We should no longer talk about this irrelevant doctrine.’ Parliamentary sovereignty is a principle of the UK constitution, it is legislated by the House of Commons, House of Lords and the Queen; it is usually perceived as the most important aspect of the UK constitution, “The supremacy of Parliament is the constitution”. It is often understood as “The principle of Parliamentary sovereignty means neither more no less than this, namely, that parliament has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or…

    • 1107 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Revolutionary War Theme

    • 1974 Words
    • 8 Pages

    We are reduced to the alternative of choosing an unconditional submission to the irony of irritated [British officials], or resistance by force.―The latter is our choice."(Doc.5). It is written here that Parliament has absolute rule and that all the colonies can do is either just acquiesce to the injustice, or protest against it and risk lives. Another political reason why the colonies were right to detach from Britain is because of their government. At the time, the British were an absolute monarchy and in the eyes of the colonists the king was frequently portrayed as a tyrant. The king in power at the time was, King George III.…

    • 1974 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    The bill eventually became the British Railways Act 1968. Parliament can pass any law it likes and the courts do not have the authority or power to invalidate it. In the case of R v Jordan, the case was an appeal against the Race Relations Act 1965 on the grounds that it was an infringement on freedom of speech. The High Court held that courts did not have the power to question…

    • 2228 Words
    • 9 Pages
    Decent Essays
  • Decent Essays

    Parliamentary sovereignty is a doctrine that gives parliament the supreme law making power within the UK, which is essential to other branches of the government to operate efficiently. The notion that the rule of law does eclipse parliamentary sovereignty, largely lacks the evidence to be upheld, and accepted by all, as much more commonly the parliamentary sovereignty is eclipsed by the other, more practical factors some of them being politics, the electorate, the majority based system, and the reasonability of the parliament itself. However such notion does have a right to exist with the little evidence that is present to suggest that, that the doctrine of rule of law, which stands to protect not only its core legal principles, but further…

    • 1865 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    Freedom of expression supports a new system- a republican form of government, not the monarchy rule that England had. Lee believes that England’s common law is correct and it should stay exactly how it is, but that is illogical. England has an absolute monarchy, with parliament to check their power, but a monarchy is not the same thing as a democracy which is what we have in the United States. Madison says, “In the British Government the danger of encroachments on the rights of the people is understood to be confined to the executive magistrate… but are considered as sufficient guardians of the rights of their constituents against the…

    • 798 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Parliamentary Sovereignty

    • 772 Words
    • 4 Pages

    Dicey a British jurist and highly influential constitutional theorist. A.V. Dicey in his book Introduction to the Study of the Law of the Constitution (1885) brought out what can be argued as the two main principles of the British constitution, parliamentary sovereignty and rule of law. This principle of parliamentary sovereignty or supremacy makes parliament the supreme law making entity or legal authority in the United Kingdom. The laws made by parliament can not be overruled by the courts and all future parliaments have the power to change any laws made in the past and since majority of laws passed in the UK are statute law this gives parliament extreme power.…

    • 772 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The House of Lords affirmed that article 177 on matters of EC could grant an interim injunction against the Crown. In the suspension of the inconsistent sections of the statute, the House of Lords confirmed the superiority of the EC law, limiting the parliamentary sovereignty. The factortame case is important because in-between the period between this accession and Factortame case, there was no dispute regarding parliamentary sovereignty. The Factortame case has disputed and questioned the strength of parliamentary sovereignty. The legislature retains its function as a law-making organ.…

    • 714 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Sovereignty In The UK

    • 922 Words
    • 4 Pages

    The European Parliament is the only Parliament where a member state cannot initiate, propose or repeal legislation – this is the power left up to unelected Europen Commission. Once a law has become law in the EU, there is nothing in the democratic process that anyone can do to change it. Commissioners debate legislation in secret, and no one can hear about any deliberations that are going on. Pooled sovereignty – *EU was intended to open up barriers for free trade among its members, yet still maintaining a common tariff for those…

    • 922 Words
    • 4 Pages
    Decent Essays