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

Notes on "Is Parliament still sovereign?"

Extracts from this document...

Introduction

´╗┐Is Parliament still sovereign? Law on any matter 1. Prlmnts right to make law on any matter has been subject of debate in recent years, particularly prlmnt?s right to make retrospective laws and to reform itself 2. The War Crimes Act 1991 gave British courts right to try people who became British Citizens after 1990 for crimes they committed in Nazi-occupied Europe 3. Opponents feared evidence relating to events that occurred half a century ago could be robust (only 1 person tried under act) 4. Prlmnt act 1911 = prime example of prlmnt?s right to reform itself 5. It said that H o L could no longer block bills approved by H o C but could only delay for 2 years --- > then reduced to 1 year by prlmnt act 1949 6. Prlntary sovereignty effectively meant = sovereignty of Commons 7. Validity of 1949 act challenged by opponents of fox hunting ? argued that Hunting Act 2004 = invalid b/c it passed using prlmnt act 1949 which itself had been enacted under prlmnt act 1911 Legislative supremacy 1. ...read more.

Middle

The key example was provided in the 1990/91 Factortame case which resulted in Merchant Shipping Act 1998 being disapplied because its provisions restricting the non-british fishing boats as British were contrary to Community law 6. Recognition by British Courts of the primacy of EU law fits uneasily with the legislative supremacy of prlmnt 7. But prlmntary sovereignty has not been rendered entirely meaningless 8. Prlmnt retains right to repeal the European Communities Act 1972, although this would present political difficulties such as negotiating the terms of withdrawal The Human Rights Act 1. The rule of law provides a defence against the abuse of power by the state, but it lacked the constitutional protection common in other liberal democracies until Human Rights Act 1998 2. This incorporated the rights set out in Articles 2 to 12 and Article 14 of the European Convention on Human Rights (ECHR) into UK statute law 3. ...read more.

Conclusion

The UK prlmnt can also abolish the devolved Assemblies and decide to legislate on Scottish, Welsh, and Northen Irish matters, but it would be politically difficult to do so in the face of elite and public opposition 7. Relations between the UK gov and devolved administrations have been cordial to date, but strains might become apparent now that a Scottish National Party minority gov is in office in Edinburgh Referendums 1. Referendums have emerged as a popular option for the gov on major constitutional issues 2. Only one UK wide referendum has been held, 1975 vote in favour of continued membership of the European community 3. But the devolved assemblies in Scotland, Wales, and NI were all approved in refs in their respective nations 4. The Blair gov proposed refs on the European single currency and the EU constitution abonded them when first, it decided against joining the euro and second, following negative verdicts on the EU constitution in France and the Netherlands, shelved plans for a referendum on ratifying the constitution ________________ 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 GCSE Politics 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 GCSE Politics essays

  1. Evaluate the extent to which the United Kingdom Parliament is sovereign. Consider both legal ...

    Moreover, Munro takes a similar view to Dicey and also adds that although the enactments were strange (the separate entities ceased to exist afterwards), it would be by no means accurate to suggest that they created a new Parliament after 1707 as it was not a completely clean slate - old laws in some cases still applied.

  2. PUBLIC LAW

    However a problem arises from the concept of Parliamentary supremacy as the courts are the one who decide whether they want to accept the legal aspects which Parliament have come up with, therefore it can be argued that the supremacy of Parliament depends upon common law, so this would mean that the courts are ultimately supreme.

  1. To what extent is parliament sovereign?

    Globalisation further reduces parliaments role in decision-making. The rise of big businesses has stripped parliament of making many of the economic decisions. A small part has also been played by devolution.

  2. Arguments for and Against the use of Referendums in the UK

    that fourteen years of national argument are over', emphasising the ability to make a final decision on various issues. Using the promise of referendums have proved to play a part in attracting support for political parties in general elections. A possible example could have been the Labour Party before the 1997 election.

  1. Describe the formal process of statute creation in parliament.

    standing committees of 20-30 can carry out a more detailed scrutiny of the Bill making sure it is a good one.

  2. Scottish devolution.

    Responsibilities include Scottish Enterprise and the Scottish Tourist Board. * Education - Edinburgh has control over the Scottish education system through primary and secondary legislative powers. Its responsibilities include student fees, school standards and the training and supply of teachers * Environment - Responsibilities include pollution control, water supplies and sewerage.

  1. What is Politics UK politics revision notes

    List System- * Used in E.U elections and Israel * Each Party draws up a line of candidates * The size of the list is based on the number of seats won * The proportion of votes received determines the number of seats a party can fill. * 1997 U.K.

  2. Does Hobbes's Sovereign or Locke's Civil Government provide better protection for the citizen?

    not wanting to believe and obey the sovereign, will do due to the fact that, the sovereign is given the identity as supreme power and Hobbes believes that it is "Gods living representative"3 The issue of self-preservation is important when discussing how well the sovereign actually protects the citizens in an effective manner.

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