• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Av Dicey said that parliament can make or unmake any law on any subject whatever, without legal restriction. This principle stems from the election of MPs by the people who have ultimate authority.

Extracts from this document...

Introduction

Av Dicey said that parliament can make or unmake any law on any subject whatever, without legal restriction. This principle stems from the election of MPs by the people who have ultimate authority. The origin of parliamentary supremacy can be found in the Bill of Rights 1688. This stated that laws could only be made or repealed by parliament and not by the monarch alone. The Continental Shelf Act 1964 asserted British jurisdiction over the seabed well beyond the limits of the territorial sea. The War Crimes Act 1991 made it an offence triable in an English court for a foreign national to commit murder or other war crimes against other foreign nationals in a foreign country. It has been said that it would be unconstitutional for parliament to do things most people would regard as highly improper, for moral, political and other reasons. But this does not mean that parliament does not have the power to do them. In Cheney v Conn [1968] which concerned taxation used for nuclear weapons, the courts said it was not for them to decide if a statute has an unlawful purpose, merely to impose it. No parliament can bind its successor y purporting to make a law that cannot be repealed, whatever one parliament can do, another can undo: Godden v Hales 1686. ...read more.

Middle

The supremacy of EC law is enforced by the ECJ. If a provision of national law conflicts with a provision of EC law, then EC law will prevail. This was shown in Van Gend en Loos v The Netherlands 1963 "The community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields." The UK can withdraw from the EU. Not only can parliament legislate on any matter how it thinks fit, no parliament can bind its successor. In other words while the European Communities Act 1972 clearly implements all EU jurisprudence a future parliament can repeal the 1972 Act. Furthermore, the 1972 Act itself is not bound by its own provisions because of S.2 (4), "any enactment passed or to be passed shall be construed and have effect subject to the foregoing provisions of this section". B 1966, the UK had recognized the power of the European Court of Human Rights to hear complaints of the UK citizens and the authority of the European Court of Human Rights to adjudicate on such matters. The convention declares certain Human Rights, which are or should be protected by the state and also provides judicial procedures by which the alleged infringement of these rights may be examined at an international level. ...read more.

Conclusion

Although the Human Rights Act 1998 does not enable the courts to set aside an act of parliament but it authorizes the courts to scrutinize legislation and make sure that they are compliant with the convention rights and the evolution of devolution means that the Westminster parliament is not the only legislature in the UK. Word Count 1224 The Bill of Rights1688 The Continental Shelf Act 1964 The War Crimes Act 1991 Cheney v Conn [1968] 1 All ER 779 782 Godden v Hales [1686] 89 ER 1050 Human Rights Act 1998 R v Secretary of State for Employment ex parte Equal Opportunities Commission 1992 IRLB 176 Employment Protection(consolidation) Act 1978 R v Secretary of state for Transport ex parte Factortame [1996] ALL ER (EC) 301 Merchant Shipping Act 1998 Macmahon v DES 1983 Webb v EMO Air Cargo [1994] 4 ALL ER 115 Sex Discriminations Act 1984 Ellen Street Estates Ltd v Minister of Health 1934 1 KB 590 Bossa v Nordstress Ltd [1998] ICR 694 Van Gend en Loos v The Netherlands [1963] E CR 1 European Communities Act 1972 Jeffery Jowell & Dawn Oliver, The Changing Constitution AW Bradley The sovereignty of Parliament-Form or Substance? David Bonner, Helen Fenwick and Sonia Harris-Short, Judicial Approaches to the Human Rights Act AV Dicey, Law of the constitution 10th edn Pollard, Parpworthand Hughes, Text with materials Constitutional and Administrative Law 3rd edn Marston and Ward, Cases and Comentry on Constitutional and Administrative Law 4th edn Neil Parpworth Constitutional and Administrative Law 3rd edn Sam Hope 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    the english legal system unit1 assignment4

    4 star(s)

    It was formed in 1894. Its purpose is to maintain the standards and independence of the bar. It also deals with questions of professional etiquette, but it has no disciplinary powers. Disciplinary powers lie with the 'Senate of the Inns of Court' which has the power to disbar a barrister.

  2. The Human Rights Act 1998 has a significant impact on administrative law in the ...

    Under section 6 of the HRA 'public authority' is defined flexibly expressly including courts and tribunals and any person certain of whose functions are functions of a public nature. This according to Geoffrey Marshall is 'carrying vagueness to the extreme lengths.'6 Lord Simon of Glaisdale proposed an amendment to clarify

  1. Free essay

    How effective are domestic and international legal measures in dealing with human trafficking?

    Of that $110, $50 was deducted from the debt and the remainder of the proceeds went to the establishment. The women were given the option of working on their free day and retaining the $50 per client, but only upon that day.

  2. Outline many of the basic elements of law that relate to business and marketing.

    The documents provide practical advice and guidelines for controlling risks and hazards in the workplace. b. Considering your industry, what are the key legal requirements of employers? The implied duties of employers are: * To provide work * To provide remuneration * To ensure the safety of employees c.

  1. "In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, ...

    Lord Steyn observed that Parliament had specifically rejected the legislative model of requiring "reasonable" interpretation and expressed that a declaration of incompatibility under section 4 is only a measure of last resort (p.17). This echoes the Lord Chancellor's words during the Bill's committee stage; "We want the courts to strive to find an interpretation...

  2. Parliamentary supremacy

    The powers that are delegated through devolution are limited and remain under the overall control of Westminster Parliament. Perhaps the most influential development in a loss of national sovereignty and a fragmentation of Parliamentary supremacy has been the UK's Membership in 1973 to the European Union.

  1. How has the European Court of Human Rights contributed to the protection of children's ...

    8 right. This reflects Court's awareness of contemporary concerns, also protecting gay adolescents' sexual freedom74, and progressive attitude in comparison with Convention's drafting time. Sadly, only a negative obligation applied to unmarried father, as the Court in Marckx failed to promote automatic recognition of family life in law, and therefore

  2. AS LAW - Judicial Precedent

    Balfour v Balfour (1919) and Merritt v Merritt (1990) Both the cases involved a wife making a claim against her husband for breach of contract. In Balfour it was decided that the claim could not succeed because there was no intention to create legal relations, there was merely a domestic arrangement between husband and wife so there was no contract.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work