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...
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...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
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Schenck v. United States (1919). The University of Illinois at Urbana-Champaign. http://www.english.illinois.edu/-people-/faculty/debaron/380/380reading/schenck pamphlet.html
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—. The Spirit of the Laws. Ed. J.V. Prichard. Trans. Thomas Nugent. London: Bell & Sons, Ltd., 1914.
"Treason, Sedition and Civil Rights in the U. S. Law." Congressional Digest 14.10 (1935): 227-
One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
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An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.
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The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”