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Parliamentary Supremacy - the question of whether membership of the EU has diminished the doctrine of Parliamentary supremacy, will be explored, with reference to legal authorities and academic opinion.

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  • Essay length: 1976 words
  • Submitted: 08/05/2012
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University Degree Public Law

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In the year of 1973, the United Kingdom became a member of the European Economic Community. Twenty years later, the UK signed the Treaty on European Union (or Maastricht Treaty) and became a member state of the European Union1[MD1]. Being a highly controversial and debated topic, the question of whether membership of the EU has diminished the doctrine of Parliamentary supremacy, will be explored, with reference to legal authorities and academic opinion.

Parliamentary supremacy is a key principle of the British constitution that is based on the concept that Parliament is the supreme maker of English legislation and has the power to make or unmake any law they see fit.2 Whether these laws were morally or politically improper, did not matter as Parliamentary supremacy permitted Parliament to make such laws and they would still be held valid (Madzimbamuto)3.

The constitutional theorist A.V. Dicey had very strong views on Parliamentary sovereignty and described it as 'the keystone of the law of the Constitution'. He believed that since the laws which were passed through Parliament were subject to intense scrutiny, it would be ensured that only good laws would make it through Parliament. In effect, these laws made

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