Parliamentary Sovereignty

There is one major limitation on Parliamentary supremacy, which is the European Court of Justice. On January 1st 1973 the UK joined the European Community as effected by the European Communities Act 1972. By doing this, the UK now has to take on any law that is made by the European committee like the Human rights Act 1998. Many people have been against this and have argued that, as it does not respect Parliamentary Supremacy it is not democratic. Those of did argue against this tried to include a clause in the European Communities Bill that would safeguard UK sovereignty but this failed. However there are positive aspects to the limitation, the European court has delivered the power of not being overworked to British workers and consumers. The UK has also managed to keep itself separate from the UK in other way for example they have not converted to euro currency and has changed many political activities such as foreign policies. To continue with the Human Rights Act 1998, this was taken from the European Convention on Human Rights and all English law that is made must comply with the convention. Some may argue that this once more affects the Parliament Sovereignty in the way that they cannot make any law that they wish. This also gives Judges the right to say if an Act made by Parliament conflicts with the Convention thus changing the Doctrine of Parliamentary Supremacy which supposedly states that the courts cannot interfere with Parliament made law. Parliament can of course reject Judges implications that the acts aren’t compatible with the Human Rights Act but just the fact that the courts can challenge any act is a significant shift of power within the law making system.

Whilst there are no other limitations on Parliamentary sovereignty things such as pressure groups can affect the laws that are made by Parliament. Pressure groups are when people, such as Mary Whitehouse, or groups of people, like Green Peace, put pressure on Parliament to amend or create a law to protect certain people or animals. Mary Whitehouse single-handedly obtained the passing of the Protection of Children Act 1978 and Green Peace represents a cause. The public and media also have a similar affect on the law making process, as Parliament must keep the public happy.

Many people argue that both Common Law and Delegated Legislation challenge Parliamentary Supremacy, as they are the dominant lawmakers.

There are also the significant laws that are so involved in history and for political or social reasons that they are now embedded in the constitution. This does challenge the idea that Parliament cannot bind its future successors.