Parliamentary Spvereighty Constitution in United Kingdom

Parliamentary Sovereignty is one of the most significant factors of the Constitution of the United Kingdom, and makes the Parliament the most powerful legal force, who dominates themselves. It involves the legal relationship between the courts and the Parliament, and has remained a traditional value for many centuries, and its doctrine is what makes their system different from other widely held states. However, although the parliament has its strength, it also has some lack of power to control and amend those Acts of the European Union, who tend to override them; such as the European Communities Act 1972, and the Human Rights Act 1998. This paper is going to define and compare the impacts of both Human Rights Act 1998 and the European Communities Act 1972, by showing both similar and contrasting effects on the doctrine of parliamentary sovereignty.

Human Rights have significant benefits for the United Kingdom, as it focuses on the institutions of the states to separate the scrutiny, which can be seen as an important fact when there is powerful doctrine of parliamentary sovereignty. The Human Rights Act does not allow the courts to make primary legislation which violates the Convention. It is not seen to affect parliamentary sovereignty as the parliament is still able to pass laws in the UK courts, although they may be incompatible. As the international courts exist; which forms the principles of the Human Rights; it strengthens the domestic judiciary and the freedom of individuals.

The Human Rights Act 1998 is an Act which protects the rights and freedoms of any individual in most legal situations. It limits the actions of the Acts of Parliament in the United Kingdom, and has an impact on decision making processes of courts and ...

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...l situations, and also the fact their impacts on the doctrine of parliamentary sovereignty is evident. They both aim their regulations on individuals as well as rights. They both maintain a role in the British constitution; however in both cases the parliament does not have the control of amending any part of them as supremacy of the EU has achieved a stronger voice in the system of law. They both balance the doctrine. Although there are common and similar points between the European Communities and Human Rights Act, it can be seen that there are also lots of conflicts, diverse actions and different impacts on the doctrine of the parliamentary sovereignty. Where the Human Rights Act is a general necessity for individuals, the European Communities Act believes that it should have the most effective domination than the sovereignty of parliament, when suitable.