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Parliamentary Sovereignty

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Introduction

Parliamentary Sovereignty Parliament has sovereignty in the UK, which is a principle of the UK constitution that makes Parliament the supreme legal authority in the UK. Through this constitution Parliament has the right to create, amend and remove any law, including common law made by judges, however they cannot create any laws that a future Parliament cannot change. Any Acts made by Parliament is supreme over all other laws for example in court if a case comes before a judge that is relevant to an out of date piece of primary legislation the legislation will prevail unless Parliament expressly or impliedly repeal it. Parliament sovereignty is a subject to the Doctrine of Implied Repeal, which states that if an Act made by the current Parliament conflicts with an old act of Parliament the new act take precedent over the conflicting parts of the old one. ...read more.

Middle

Many people have been against this and have argued that, as it does not respect Parliamentary Supremacy it is not democratic. Those of did argue against this tried to include a clause in the European Communities Bill that would safeguard UK sovereignty but this failed. However there are positive aspects to the limitation, the European court has delivered the power of not being overworked to British workers and consumers. The UK has also managed to keep itself separate from the UK in other way for example they have not converted to euro currency and has changed many political activities such as foreign policies. To continue with the Human Rights Act 1998, this was taken from the European Convention on Human Rights and all English law that is made must comply with the convention. ...read more.

Conclusion

Pressure groups are when people, such as Mary Whitehouse, or groups of people, like Green Peace, put pressure on Parliament to amend or create a law to protect certain people or animals. Mary Whitehouse single-handedly obtained the passing of the Protection of Children Act 1978 and Green Peace represents a cause. The public and media also have a similar affect on the law making process, as Parliament must keep the public happy. Many people argue that both Common Law and Delegated Legislation challenge Parliamentary Supremacy, as they are the dominant lawmakers. There are also the significant laws that are so involved in history and for political or social reasons that they are now embedded in the constitution. This does challenge the idea that Parliament cannot bind its future successors. ...read more.

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