The Judiciary And Parliamentary Power Essay

1144 Words Mar 20th, 2016 5 Pages
Constitutionally speaking, judges cannot control executive and legislative power because of parliamentary sovereignty. This severely weakens the judiciary 's power to control the executive. However, in practical terms, the judiciary does have some power to control the executive and Parliament. The judiciary can, to some extent, control the executive and the legislature because of the rule of law, the rights and liberties of citizens and judicial review. However, despite these few powers, the judiciary can ultimately only control the power of the executive and the legislature in the short term, as in the long run Parliament can change any law, making whatever it wanted to do legal. The fundamental limits on the power of the judiciary to control the executive and the legislature is constitutional. Firstly, there is parliamentary sovereignty which gives Parliament the ability to make and unmake any law, meaning that in theory Parliament can grant powers to itself, and the judiciary does not have the authority to prevent this. This means that even if an Act of Parliament is ruled to be unlawful Parliament can just change pre-existing laws so that the Act they wanted to pass becomes legal. Essentially, this means that the judiciary can only control the executive and legislature in the short term as judges have to uphold the new law, as judges are not defenders of morality but defenders of the law. Parliamentary sovereignty means that an Act of Parliament cannot be…

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