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

Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics.

Extracts from this document...

Introduction

Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics. As Dicey defined the Principle of Parliamentary sovereignty means neither more nor less than this: namely, that Parliament defined under the English constitution, has the right to make or unmake any law whatever; and further, that no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament. According to Barnett (2000) from the definition 3 basic rules can be deduced: - Parliament is the supreme law making body and may enact laws on any subject matter. - No parliament may be bounded by a Predecessor or bind a successor - No person or body, including a court of law may question the validity of Parliament's enactments. Parliamentary supremacy means Parliament can legally enact legislation dealing with any subject matter. Though Parliament cannot change a course of nature and cannot do all kind of things, the supremacy of Parliament is a legal fiction, and legal fiction can assume anything. ...read more.

Middle

However in matters like granting of Independence to colonies, as Lord Denning states 'freedom once given cannot be revoked'. According to Sir Ivor Jennings: Legal Sovereignty is merely a name indicating that the legislature has for the time being power to make laws of any kind in the manner required by law. Legal sovereignty may impose legal limitations upon itself, because its powers to affecting itself. He says Dicey failed to prove that the law made the king in Parliament a sovereign law making body. If UK parliament has given legislature powers to South Africa and New South Wales, no control pertains to Parliament of UK. At a lower level, there is granting of limited autonomy, defined by act of parliament and control of courts, whereby local authorities enjoy some self-governance. It is said that, no one may question the validity of an act of Parliament. However Dr Bonham's case in 1610 it was said, when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed the common law will control it and decide such act to be void. ...read more.

Conclusion

Theoretically, the Parliament may remain free to enact laws violating any or all of the United Kingdom's international obligations. But in practice it could not. Today UK as with most states are bound by numerous treaties, under international law, which imposes restrictions on freedom of government action. For instance, protection of human rights and agreements on tariffs and trade. It is also bound by terms of European Union and United Nations. Dicey himself argued that under fundamentally different socio economic and political conditions, may limit the exercise of sovereign power. Due to the increase of powerful pressure groups; there have been occasions where the sovereignty of the government has been overpowered by pressure groups by forcing Parliament to revise laws it has made. An example of this could be in the 1970s when trade unions forced Parliament to amend the 1971 Industrial Relations Act. As Sir Jennings (1959) said, Parliament passes many laws, which people do not want. But it never passes any law which substantial section of the population violently dislikes. Yet if sovereignty is supreme power, parliament is not supreme, but the people. ...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 ...

    The idea of Judicial Review far outdates the idea of a supreme Parliament, and it can be seen as a very important limit on Parliament's legislative powers. Its role is one of a supervisory jurisdiction, and is a part of the inherent jurisdiction of the courts, showing that the courts do have a certain amount of force against Parliament's legislation.

  2. Apartheid in South Africa.

    What draws my attention to this whole issue is the fact that, in Source E, Tyler says how 'One little boy had on an old black coat which he held up behind his head, thinking perhaps that it might save him from the bullets,' because the form of self-defence that

  1. The Impact of Electoral Design on the Legislature.

    Under STV all existing MPs can stand for election, and may have an advantage in being better known than their new colleagues. MPs could become bogged down in casework. There is no evidence in Britain that local casework-based candidates poll better than national names, often voters like to be represented

  2. Public Law

    In the initial period following the 1972 Act, the courts were indecisive as to what to do, as there was no clear answer.

  1. Public Law

    However, the courts are very reluctant to assign responsibility to medical staff, for they take the libertarian perspective that as they are there non-voluntarily and are trying to help, it would be morally wrong to regard their actions in a negative manner.

  2. A) Explain what the phrase Parliamentary Supremacy

    quote further suggests that even a group of individuals, like the court could not undermined the parliament's supremacy.

  1. What is sovereignty?

    It has been argued that the fact entrenchment has been established with the use of referendums and their effect on parliamentary sovereignty. Although constitutionally possible, it is politically unlikely that parliament could reverse a decision previously authorised in a referendum.

  2. Political accountability -Parliament and the courts

    Another Parliamentary procedure used to make ministers answerable for their actions are parliamentary debates. The majority of the debates in the chambers of each House of Parliament are concerned with legislation. However, much time is also spent seeking to call government to account for actions already taken or to induce the government to take action.

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