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

Explain what is meant by the doctrine of parliamentary supremacy and briefly explain one limitation on this doctrine.

Extracts from this document...

Introduction

2a. Explain what is meant by the doctrine of parliamentary supremacy and briefly explain one limitation on this doctrine. The Parliament is the supreme law maker in the UK however there are limitations to the Parliaments power. The supremacy or sovereignty of Parliament was set up in the 17th century. The Bill of Rights was passed in 1689 which stated that Parliament was the supreme law maker. Parliamentary supremacy meant that the parliament could make or repeal any laws and could not be challenged in the courts. In our structure of government the Parliament is our highest law source in the UK and claims superiority over common case law, delegated legislation and previous Acts. ...read more.

Middle

means that the power of a Parliamentary law cannot be queried by anybody including the church, the king or queen or the courts. One parliament cannot limit the law making ability of future Parliaments therefore it is unattainable for Parliament to pass a permanent law. There are however limitations to the doctrine of parliamentary supremacy one of which is the Humans Rights Act. Before the establishment of the Human Rights Act (HRA) 1998, the UK's general public was protected by the European Convention on Human Rights (ECHR) 1950. The Human Rights Act 1998 was enacted in October 2008 and included the ECHR into domestic law. ...read more.

Conclusion

The Act doesn't give the Convention dominance over English law however it does call for legislation being compatible with the guidelines of the Convention where possible. It doesn't give the courts power to overrule bills that don't fit the principles however it doesn't prevent Parliament establishing laws that disagree with the Act. There is a statement in the Act that allows the Government Minister to change any act that is incompatible with the HRA. Therefore parliamentary supremacy remains. Parliamentary supremacy is not completely affected by the Humans Right Act. Government Ministers must state whether the new legislation is compatible with the HRA but no explanation is needed. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

or


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 AS and A Level Sources of Law essays

  1. "In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, ...

    The Act has been applauded as a much overdue constitutional innovation (Greer, 1999) but its impact falls short of triggering a constitutional revolution in the sense of placing judicially enforceable 'higher law' constraints on Parliament's legislative power (Loveland, 2003). The statement in discussion expresses that in practice the effect of

  2. Parliamentary supremacy

    Primary legislation remains under the control of Westminster Parliament in devolved and reserved areas. The progress of devolution in Northern Ireland is subject to the peace process. The Northern Ireland Assembly can make primary and delegated legislation in areas that are transferred.

  1. Can the Islamic approach to Human Rights be compatible withthe current International Human Rights ...

    rights, by stating that "..., in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom," (www.un.org). Yet, all articles except article sixteen do not distinguish people on the basis of gender, male and female.

  2. Our country's goodPlotAct one scene one-In scene one we see that there are some ...

    Tech and Ross are against the idea, we see the hate Ross has for the convicts in this scene when he talks about them being treated like animals and how they should be treated no better than slaves. At the end of the play the men have decided the play

  1. Are the Human Rights Act 1998 and the doctrine of Parliamentary supremacy compatible?

    However, it was ruled that if the only obstacle between carrying out Community law (which would grant the required relief) was a rule of domestic, national law then that rule should be set aside in order that the Community law be followed.

  2. The most conventional meaning of the 'legislative supremacy of Parliament' was adopted by Dicey

    However, its constitutional significance lies in the fact that it asserted the supremacy of Parliament over the monarch. From that point onward, matters such as the levying of taxation or the raising or keeping of a standing army could not be done without the grant or consent of Parliament.

  1. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    The Act reconciles formal adherence to the doctrine of Parliamentary sovereignty with the need to enable the courts to provide effective legal remedies for breaches of Convention Rights.9 Although the HRA comes as close as empowering the courts to disapply a legislation that is inconsistent with the Convention Rights, it

  2. Discuss whether incorporation of the European Convention on Human Rights into the domestic legislation ...

    Social Charter 1961, the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Political Rights 1966, the American Convention on Human Rights 1978 and the African Charter on Human and Peoples' Rights 1981. Enforcement of the Convention is via the European Court of Human

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