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Parliamentary Supremacy

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  • Essay length: 2167 words
  • Submitted: 23/12/2010
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University Degree English Legal System

The first 200 words of this essay...

The Supremacy of Parliament is still relevant and evident today as it was when A. V. Dicey wrote' the Law of the Constitution' in 1885.

Discuss this proposition in light of any developments in the United Kingdom constitution.

A.V. Dicey described Parliamentary Supremacy also referred to as sovereignty, in the 'Law of the Constitution, 1885' as meaning; 'Neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatsoever; and further, that no person or body is recognised by the law of England as having a right to override or set aside legislation of Parliament1. From this three rules can be extracted. Firstly, parliament is the supreme law making body and may enact laws on any subject matter; secondly, no parliament may be bound by a predecessor or bind a successor; and finally no person or body, including a court of law may question the validity of parliament's enactments2. If all three rules are apparent within Parliament, then following Dicey's view there is legal sovereignty. Nevertheless, Dicey did acknowledge that Political sovereignty wasn't held by Parliament, but in fact lay 'with the people'3,

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