It is interesting to note that constitutional documents are usually the result of some major upheaval in a nation’s history. The moving force for implementing the constitution for many countries all over the world were the result of a war, whether inter-state or civil; from a revolution; from a revolution; and as it relates to Jamaica and other territories the grant of independence. The historical origins as it related to
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the background and principles of Parliamentary Supremacy is somewhat controversial as there is no written constitution. It is noted that in England it originated in the 17th and 18th centuries when Parliament asserted the right to name and depose the monarch others claim that it originated in the 16th century when the Parliament asserted the supremacy of statue over the church.
There are major differences between Parliamentary Supremacy and Constitutional Supremacy as it relates to Parliamentary supremacy the rules of the constitution is not written, codified it does not exist in a documentary form. What is written are the principal sources of the constitution which are Acts of Parliament and laws as are the principles of Common Law. Albert Dicey stated that with Parliamentary Supremacy there are three (3) pillars under which it can be found are (i) Parliament has the right to make or unmake any law whatever. (ii) No person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament. Parliament is not bound by its predecessor. (iii) A valid act of Parliament cannot be questioned by the court. Parliament is the supreme law maker. Flexibility of Parliamentary Supremacy- UK constitution is essential flexible. Parliament the Supreme Law making body can
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theoretically alter the constitution at will. Although in practical terms this can only be done with the support of the people. Also for the amendment of an unwritten constitution, it can be amended simply by passing an Act of Parliament. No special procedure to follow.
On the contrary Constitutional Supremacy according to Rose-Marie Belle Antoine is a body of law containing the rules which determine the structure of the state and its principal organs. The constitution she maintained is the supreme law of the land; it is parent by which all other laws are measured. In a case of Collymore v AG ‘No one, not even the Parliament, can disobey the Constitution with impunity’. The constitution he stated is the ultimate source of power and authority.
For example, section 2 of the Jamaican Constitution sates “subject to the provisions of section 49 and 50 of this constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of this inconsistency, be void”. If any other law conflict with the constitution, the Jamaican Supreme Court can strike them down such a law as unconstitutional.
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Flexibility for constitutional supremacy does not enjoy the same ease for amendment as Parliamentary Supremacy since it is the supreme law within the nation or state it is more difficult to amend, special procedures has to be followed.
The functions of the Constitution – It lays down obligatory procedures for the state, it states basic human rights, the granting of authority to make laws.
In conclusion looking at Parliamentary and Constitutional Supremacy, written constitution is most valuable as they provide guidelines as what to do in practice. However, I appreciate the role of parliamentary Supremacy since the law is described as a ‘living organism’; it changes with time and as such can accommodate changes.
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SOURCES
1. COMMONWEALTH CARIBBEAN LAW AND LEGAL SYSTEMS 2ND Edition
Rose-Marie Belle Antoine
2. CONSTITUTIONAL & ADMINISTRATIVE LAW 5th Edition
Neil Parpworth
3. CONSTITUTIONAL & ADMINISTRATIVE LAW 14TH Edition
AW Bradley & K D Ewing
