Parliamentary supremacy

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   The legal doctrine of the legislative supremacy of parliament had been discussed by many constitutional writers including AV Dicey a notably constitutional writer. Leading from his work there are 3 tests to assess the existence of parliamentary supremacy, firstly, Parliament is a supreme law making body and may enact laws on any matter; secondly, no parliament may be bound by its predecessor or bind a successor; and finally no person or body including a court of law may question the validity of Acts of Parliament. Therefore for Parliamentary supremacy to be still in existence the three tests should be satisfied.

   However there are many arguments suggesting that the developments in the UK constitution, including Devolution and British membership to the European Union show the erosion of parliamentary supremacy to a point where it is no longer as Jennings defines ‘the dominant characteristic of the British constitution’.  

   Devolution is a process that delegates power from a central to regional units. It has been defined as ‘the delegation of central government without the relinquishment of sovereignty’. The UK’s devolution settlement is often described as having an asymmetric structure as many of the differences between Acts are almost greater than the similarities. The Labour government in 1997 had to secure devolution of government to Scotland and Wales and to attempt to establish order and peace in Northern Ireland. Elected bodies in Scotland, Wales and Northern Ireland were delegated legislative and executive powers and acquired political responsibility for some devolved functions.  

   The Scotland Act 1998 enables the Scottish Parliament to legislate in delegated matters. It can pass primary legislation ie bills that become Acts of the Scottish Parliament and secondary legislation for example criminal law. Some ‘reserved matters’ remain under the control of Westminster Parliament for example the crown or social security. Legislature matters usually require consent of the Scottish Parliament, which has been given freely since 1998.

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   Under the Government of Wales Act 1998 the National Assembly for Wales can pass secondary legislation in devolved areas. 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. The UK parliament continues to legislate in excepted and reserved areas which unless the Northern Ireland Act 1998 is amended will remain under the Westminster Parliaments control.  

   It is argued that devolution is not evidence ...

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