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A) Explain what the phrase Parliamentary Supremacy

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Introduction

The principle of this essay is to explain the term parliamentary supremacy and whether it is accurate to articulate that parliament is really supreme. Parliament Supremacy is one of the three principles which are essential to the Constitution .The Constitution is a set of unwritten rules that determine the country's' nature and power of the state constitution based on the Golden Principle "one is free to do anything as long as it is not prohibited". Other wise referred to as "parliamentary sovereignty", parliamentary supremacy is a proposal put forward by Dicey which stands for the parliament as being supreme and immensely superior law making body in the country. Not only can it make the law but it has the power to eliminate and discard any laws. As a quote referred by Blackstone states "What parliament doth no power on earth can undo" Blackstone clearly stated no matter how powerful another individual or a group (such as a political party like the conservatives) ...read more.

Middle

In The Human Rights Act 1998 Section nineteen refers that when a new legislation is made a government minister makes a statement before the second reading , in section ten of the act it also allows the minister of the crown to amend by orders of any act which has found in courts to be incompatible. These parts of the act further enforce why parliament is still supreme, because only parliament can respond to the various new legislations by altering them or revoking them due to its incompatibility. There are various arguments against the justification for parliament being supreme .firstly the house of commons effectively dictates what status are passes, and it is only controlled by the majority of seats so parliament as a whole is only controlled by the majority of seats which is not really valid .it is said it should be rephrased as "the supremacy of the political party controlled by the party that hold the most seats." ...read more.

Conclusion

The court of appeal were told to suspend the act they responded that British courts could not tamper with an act, suspend it or declare it to be valid as only parliament could do that. However the ECJ enforced that the parliament can change it and that it will. This followed by and outcry by the judges, this was astounding due to the fact that some one other than parliament tampered with an act and suspended it. Parliamentary supremacy was now referred to as dead and what we have now is European law. Due to this evidence and various examples, yes parliament is still supreme to an extent as for the Human Rights ACT 1998 as parliament can still pass law however it clearly shows from the case of Factortame its illustrates that in a case of Uk law and EU law, EU law will triumph, although this only concerns certain laws governed by the EU legislations otherwise in other matters parliament will prevail. ...read more.

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