To What Extent Is Parliament Still Sovereign? Essay

886 Words Jan 21st, 2015 4 Pages
To what extent is parliament still sovereign? For many years it has been argued that parliamentary sovereignty has, and still is, being eroded. As said by AV Dicey, the word ‘sovereignty’ is used to describe the idea of “the power of law making unrestricted by any legal limit”. Parliamentary sovereignty is a principle of the UK constitution, stating that Parliament is the supreme legal authority in the UK, able to create and remove any law. This power over-rules courts and all other jurisdiction. It also cannot be entrenched; this is where all laws passed by the party in government can be changed by future parliaments. In recent years sovereignty of parliament has been a In 1972 the UK joined the treaty of accession, this was a …show more content…
2000 saw the implementation of the Human Rights act 1998 in the UK. The codified document is composed of a series of sections stating the protections in the European Convention on Human Rights into UK law. This is widely seen as a good legal addition but does impede the UK sovereignty as laws must be compatible with the Human Rights act. This is actively used is such cases as the The Belmarsh detainees who were wrongly detained by the anti-terrorism act of 2001 and went on to use the Human Rights act 2004 to grant their release. The 1999 Government of Wales Act established the National assembly of Wales. Powers were transferred from the secretary of the state of Wales to the, newly made Welsh assembly. The government minister of Wales was tasked with implementing laws that are compatible with Wales. More powers were further devolved to Wales in the 2006 Government of Wales act. Policies such as education, local government and the Welsh language were all delegated to the Welsh assembly, whereas policies such as the constitution, defence and nuclear power all remained under Westminster’s sovereignty. The power held by Wales is arguably undermined by the fact that Wales must ask Westminster for legislative competence on all policies passed by the Welsh assembly, this means that Westminster can disallow anything passed by the Welsh assembly and still retain its sovereignty. Recently, parliamentary sovereignty has been subjected to the public

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