The Power of the Doctrine of Brititsh Parliament Sovereignty Essay

The Power of the Doctrine of Brititsh Parliament Sovereignty Essay

Length: 924 words (2.6 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The doctrine of parliament sovereignty has been identified as the core principle of the British’s uncodified constitution. This doctrine is mainly regarding the relationship of the Parliament and the courts. This doctrine states that Parliament has unlimited legal power to enact any law and that it cannot be overridden by any other body.
The European Union, which was known originally as European Coal and Steel Community, was created during the times of the Second World War. In 1972 the European Communities Act, which incorporates Community law into the UK’s legal system, was enacted, bringing Britain into the European Union (EU). The EU’s role is to integrate key economic and increase social and security policies of its member states. With that, it aims to create a powerful European political unit. Its constitution is always evolving which aims to increase integration within its member states.
The principle of direct effect and supremacy was then indirectly incorporated. The European Communities Act 1972 makes certain Community Law directly binding in the UK and is to be enacted either by statue or by regulation. This can be described as the principle of direct effect which allows Community Law to confer rights and duties on individuals and that domestic courts are to decide cases consistently with the principles set by the European Court of Justice (ECJ). The decision of the ECJ in Costa v. ENEL has established the supremacy of European Law in the event of a conflict with the domestic law of a member state as ECJ stated, “The transfer by the states from their domestic legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign r...


... middle of paper ...


...ll sovereign as it has rights to pass laws that are politically incorrect or absurd. Despite the remoteness of the chance of such laws being passed, Parliament can still legally pass it. The last point as to why Parliament is sovereign is because future Parliament is not bound by its predecessor. An example is that only three articles out of the 37 articles of the Magna Carta still remains today.
To conclude, by being a member of the EU, it has certainly affected the doctrine of parliamentary sovereignty but merely limited to a certain extent. The UK, looking at their historical background, has given great importance to its sovereignty. The UK could withdraw as a member of the EU but that would not be advisable as a great percentage of their trade depends on the Union. After all, according to Sir Ivor Jennings, “the supremacy of parliament is a legal fiction”.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Doctrine Of Parliamentary Sovereignty Essay

- The doctrine of Parliamentary sovereignty is one of the founding principles of the British legal system. A. V. Dicey states “Parliamentary sovereignty means … that Parliament … has the right to make or unmake any law of England as having a right to override or set aside the legislation of Parliament.” This means that Parliament’s power is unlimited, its validity cannot be questioned, and no one Parliament can bind its successor. It was stated in Madzimbamuto v Lardner-Burke [1969] by LJ Reid that there are no constitutional or legal mechanisms to prevent Parliament from acting morally or politically “highly improper .” In the case Costa v ENEL , the supremacy of EU law was established, and...   [tags: Human rights, Law, Common law, Council of Europe]

Better Essays
1601 words (4.6 pages)

Essay on The Doctrine Of The Sovereignty Of God

- The doctrine of the sovereignty of God is one of the most comforting and enlivening truths that could help us with our worries, anxieties, and fear, especially when we face the mountain of “unscalables” in our lives. When clients come to me, I ask them so many questions, to find out who they are, their present situation, and where they need help. Their statements define themselves, and I listen to their answers. It is important for me to know my clients a little bit before I try to help them. Let us see what God says about Himself in His Word, by His own testimony....   [tags: God, Bible, God the Father, Anxiety]

Better Essays
2102 words (6 pages)

Law: The Dual Sovereignty Doctrine Essay

- ... Murder is a crime in both state and federal jurisdictions. The state can prosecute the case against Hugh for murder, because murder is prohibited in the state of Georgia. Murder is defined as the unlawful killing of another human being that is neither excused nor justified (Farlex, Inc., 2014). Atlanta is in the state of Georgia and since the murder was committed in Georgia, this gives Georgia the proper jurisdiction to prosecute the case. “Georgia Murder; Felony Murder Statute: § 16-5-1. (a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being....   [tags: crime, court, statues]

Free Essays
571 words (1.6 pages)

Essay about UK's Constitution: The Rule of Law and Parliamentary Sovereignty

- Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised....   [tags: legal authority, power arbitrarily]

Better Essays
1681 words (4.8 pages)

Hobbes on Institutional Sovereignty Essay

- A right, or power, institutional sovereignty is said to have addresses protest against the sovereign. Hobbes makes extremely clear that actions of the instituted sovereign are wholly protected. This particularly lucid in the following: Thirdly, because the major part hath by consenting voices declared a sovereign, he that dissented mu8st now consent with the rest . . . or else be justly destroyed by the rest. For if he voluntarily entered into the congregation of them that were assembled, he sufficiently declared thereby his will ....   [tags: Political Science, Power]

Better Essays
1072 words (3.1 pages)

Essay on The Process of Making the Monroe Doctrine

- The Process of Making the Monroe Doctrine United States president Theodore Roosevelt announced the Roosevelt Corollary, an addendum to the 1823 Monroe Doctrine, in response to European nations that were trying to force Venezuela to repay its debts. Roosevelt threatened to send naval ships to Venezuela if those nations sought to forcibly collect the debt. Stability must be preserved, Roosevelt said in his 1904 annual message to Congress, even if it requires an “exercise of international police power.” The Roosevelt Corollary, based on the 1901 Platt Amendment, became the cornerstone of U.S....   [tags: Monroe Doctrine American History Essays]

Better Essays
868 words (2.5 pages)

Essay on Parliamentary Sovereignty

- 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.” ....   [tags: British Constitutional Law, Legal Interpretation]

Better Essays
1481 words (4.2 pages)

Essay on Parliamentary Sovereignty

- Cases on the foundations of a constitutional order, such as parliamentary sovereignty tend to be rare in any event. But what makes R (Jackson) v. Attorney General [2005] U.K.HL. 56; [2006] 1 A.C. 262 The discussions of the central issues in the case are in many ways constitutionally orthodox, treating the issues primarily as that of statutory interpretation and adopting a literal interpretation of the 1911 Act. By contrast, the discussion of the wider issues suggest that there may be The concept of parliamentary sovereignty could now be considered an ideology in the eyes of the legislature, as the practical significance of modern day sovereignty is far from that of the theory....   [tags: Government]

Better Essays
1293 words (3.7 pages)

Essay Sovereignty

- Sovereignty Sovereignty refers to ultimate and absolute authority designated to either an individual or an institutional body. The term sovereignty could be contested due to the fact that there is no universally agreed definition. Thomas Hobbes defined what he considered the basis of a political body as 'the most high and perpetual.' (Hobbes, quoted in Heywood, 1997, p26.) This view has proved rather simplistic. It fails to take into consideration the limitations on the sovereign....   [tags: Papers]

Better Essays
697 words (2 pages)

Sovereignty Essay

- SOVEREIGNTY Sovereignty first was highlighted in the writings of Mathews Hobbs (England 17th century) which was based on the writings of Jeams Bodin (France 16th century). Both Jeams Bodin and Mathews Hobbs were living in the era of conflicts. In England power was divided between King and Parliament and both were striving for maximum power. Similarly in France there were religious conflicts. ==► Both defined SOVEREIGNTY as the state would be sovereign state if it has Autonomy and Independence i.e....   [tags: Political Science]

Free Essays
711 words (2 pages)