Discuss the View that Parliament is no longer of central importance in the contemporary British system. Discuss.

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Discuss the View that Parliament is no longer of central importance in the contemporary British system. Discuss.

        When analysing the role of Parliament in contemporary politics, it is necessary to examine its theoretical functions and powers within the British political system. As A.V Dicey’s concept of Parliamentary sovereignty states: “Parliament has, under the English constitution, the right to make or unmake any law…and no person has the right to override… the legislation of Parliament. Furthermore, Parliament is also the fundamental basis of Britain’s representative democracy and the centre of scrutiny of the Executive. However, it has been argued that such developments as Britain’s membership to the European Union, Devolution and the increasing shift to strong presidential government have significantly undermined these roles and led many to believe that Parliament is no longer of central importance in the contemporary British system.

        The spectre of British membership to the European Union has created a debate about the Diceyan view of Parliament being the only sovereign lawmaker. Since joining what was then known as the European Economic Community in 1973, Parliament is bound by the supremacy of European law as interpreted by the European Court of Justice and British national courts. Membership therefore, was a challenge to Britain’s long-standing constitutional conventions and led to numerous legal rulings undermining parliamentary sovereignty. Further European integration such as the Single European Act (1986), which strengthened the powers of the European Parliament in the legislative process, and the 1992 Maastricht Treaty, which laid out provisions for greater co-operation in areas of justice and home affairs, have led to further concerns about the legislative independence of Parliament. It has also led to well-known legal rulings, which have undermined parliamentary sovereignty, such as the Factortame case in 1990. This resulted from, the British government introducing the Merchant Shipping Act in 1988 to safeguard the fishing quotas for domestic shipping vessels. This required a far higher level of British involvement and ties with the owners or managers of the vessel shipping in British water. Factortame, an affected Spanish company, claimed that the 1988 Act was incompatible with the Single European Act, in which Spanish fishing vessels registered in Britain qualified for a share of the British fishing quota. In 1990, the Lords ruled in the companies favour and granted an injunction ignoring the Act, even though it had been passed by Parliament. What this illustrates is that European institutions, such as the Council of Ministers, have an exclusive right to make or overrule laws in certain areas, whatever the wishes of Parliament.        

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        However, European integration does not mean that the principle of Parliamentary sovereignty is dead. Parliament retains the power to repeal the 1972 European Communities Act. For instance, when debating Section Two of the Act, (instructing British Courts how to apply Community Law), in 1972, Parliament widely agreed that this was the case.  Furthermore, if Parliament passed an Act explicitly overriding European Law, it is likely that the British courts would enforce the Act. Also Treaties have to be approved by Parliament, such as Maastricht, which was painfully slow to pass due to opposition from backbench Conservatives.  Yet when talking about ...

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