Parliamentary Sovereignty
"It remains a first principle of our constitutional law that Parliament in enacting primary legislation is sovereign. Parliamentary sovereignty has been qualified though not departed from in different ways by our adoption of the law of the European Union through the European Communities Act 1972 and by the Human Rights Act 1998.”
Per Lord Justice Laws, R (MISICK) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 1549
Evaluate this statement with reference to appropriate legal authorities.
In order to evaluate this statement it is important to understand what Parliamentary sovereignty is and how it relates to European Union law with the enactment of the European Communities Act 1972 and the Human Rights Act 1998.
The doctrine of parliamentary sovereignty means that Parliament is the supreme Law maker of the UK, hence Parliament is free to make or unmake any law it wishes with the exception that it cannot limit its own power or bind itself when it comes to future legislation. This dictates that all courts must uphold legislation laid down by Parliament. “ The principle, therefore, of parliamentary sovereignty means neither more nor less than this, namely that "Parliament" has "the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament”
The principle of Parliamentary sovereignty was derived from the fundamental doctrines of the Magna Carta, Petition of Rights and the Bill of Rights. Unlike many other countries the UK has no written constitution meaning that it is flexible to be interpreted in the courts however the judge sees fit. The doctrine of Parliamentary supremacy is clearly in conflict with the full recognition of the community law in the UK. However, many things act so as to make parliamentary supremacy delusive, since international treaty obligations mean that certain legislation would
Per Lord Justice Laws, R (MISICK) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 1549
Evaluate this statement with reference to appropriate legal authorities.
In order to evaluate this statement it is important to understand what Parliamentary sovereignty is and how it relates to European Union law with the enactment of the European Communities Act 1972 and the Human Rights Act 1998.
The doctrine of parliamentary sovereignty means that Parliament is the supreme Law maker of the UK, hence Parliament is free to make or unmake any law it wishes with the exception that it cannot limit its own power or bind itself when it comes to future legislation. This dictates that all courts must uphold legislation laid down by Parliament. “ The principle, therefore, of parliamentary sovereignty means neither more nor less than this, namely that "Parliament" has "the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament”
The principle of Parliamentary sovereignty was derived from the fundamental doctrines of the Magna Carta, Petition of Rights and the Bill of Rights. Unlike many other countries the UK has no written constitution meaning that it is flexible to be interpreted in the courts however the judge sees fit. The doctrine of Parliamentary supremacy is clearly in conflict with the full recognition of the community law in the UK. However, many things act so as to make parliamentary supremacy delusive, since international treaty obligations mean that certain legislation would
References: Wagner, A. (2011). Does parliamentary sovereignty still reign supreme?. Available: http://www.guardian.co.uk/law/2011/jan/27/supreme-court-parliamentary-sovereignty. Last accessed 1st March 2012. [ 1 ]. Dicey, A.V. 1982 [1914]. INTRODUCTION TO THE STUDY OF THE LAW OF THE CONSTITUTION. 8th ed. Indianapolis: Liberty Fund [ 2 ]