Essay on Parliament and Its ilimited Legal Power

Essay on Parliament and Its ilimited Legal Power

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Parliament has unlimited legal power to enact any law whatsoever and of course denying the fact that there are many political and practical reasons why a specific parliament might be restricted there are three possible contenders in the sovereignty which are parliament ,courts and crown there is no logical reason why should we have just a one supremacy having unlimited powers[ www.law.cam.ac.uk/faculty-resources/10006399.pdf‎
].

According to Dicey 1915 under the English Constitution a parliament has power to make or unmake any law further no individual or body has any right to amend or adjust the legislation of parliament
this has three aspects
1) unlimited lawmaking power
2) validity of laws
3)parliament is not restricted by another parliament
Dicey argued to separate sovereignty into two parts legal and polictical in his argument he said that parliament was sovereign legally but not politically as in that a parliament has no legal limits in making a law contrasting this with politicall sovereignty as in a sense which was ultimately obeyed by the citizens of the state[ http://www.lawteacher.net/english-legal-system/lecture-notes/parliamentary-sovereignty-.php
]. Furthermore he recognise the limits on the lawmaker as internal limits are culturally inherent by the member of parliaments,people may obey or disobey a law are external limits.

Parliament can not just pass any law it wishes to a law made by a parliament can be strongly criticized as Morral and politically.[ http://www.constitution.org/cmt/avd/law_con.htm
]

Dicey thought that political sovereignty lay in electorate his difference between legal and political power might be too sharp,firstly a law comes from politics so there must be a political reason why courts than...


... middle of paper ...


...shes to violate someone's right it must be authorised by the parliament and must put itself under the supervision of courts who is loyal to the state and not to the executive. Since dicey's death in 1922 there has been a huge change in the law and the british constitution likewise dividing the powers.[ http://advocatustomis.blogspot.co.uk/2011/12/in-introduction-to-study-of-law-of.html4




Bibliography

Dicey, AV. Introduction to the study of the law of the Constitution, (1915), ed. Michener Roger E, (Indianapolis Liberty Fund 1928) pp 3–7, 36-37.

Dicey, Albert V, Law of the Constitution, (London and New York, Macmillan and Co Ltd, 1885).
Leyland, P. The Constitution of the United Kingdom, (Hart Publishing 2012), 41-46, 47 – 71, 72-82.
Oxford Journal of Legal Studies, Vol. 32, No. 1 (2012), pp. 21–49Published Advance Access December 14, 2011








]

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