Explain What Is Meant by the Doctrine of Parliamentary Legislative Supremacy and Discuss the Relevance of the Enactment of the European Communities Act 1972 and the Human Rights Act 1998. Essay Example
The English legal system has existed for hundreds of years and it is made up of sources of law. The main sources of law include: Acts of Parliament/statue/legislation which is created by Parliament making Parliament the supreme law maker. The other main sources of law consist of: Delegated Legislation which is the Parliament Delegates, Common law and Case law which the courts apply, Equity which involves fairness rather than certainty, European Community Law and International Treaties. The International Treaties have been ratified by Parliament such as the European Convention on Human Rights has been implemented through the Human Rights Act 1998 consequently meaning the treaties have been put through domestic law.
The doctrine of Parliamentary Legislative Supremacy is a long-established concept with roots in constitutional law. The doctrine is the idea that Parliament, made up of the House of Commons and the House of Lords, is the sovereign power, supreme to all other bodies in its ability to legislate. The concept of the doctrine of legislative law making has been defined by the legal theory of Dicey as “Parliament has the right to make or unmake any law whatever” and 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” (Dicey 1959). Again, this shows that parliament is the supreme law maker.
Parliamentary Supremacy states that no body, including the courts of law, has the right to override or set aside an Act of Parliament. From this, it means that nobody can achieve the following: alter parliament’s power, devolve the power of parliament to other bodies, give effect to international treaties, and surrender or limit its own power. (Alison Cronin). Parliament has the power to enact and revoke any new laws on any subject matter and the courts are unable to question the legitimacy of the law. (Macintyre 2001)
In addition, a Parliament cannot bind its successor meaning that
The doctrine of Parliamentary Legislative Supremacy is a long-established concept with roots in constitutional law. The doctrine is the idea that Parliament, made up of the House of Commons and the House of Lords, is the sovereign power, supreme to all other bodies in its ability to legislate. The concept of the doctrine of legislative law making has been defined by the legal theory of Dicey as “Parliament has the right to make or unmake any law whatever” and 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” (Dicey 1959). Again, this shows that parliament is the supreme law maker.
Parliamentary Supremacy states that no body, including the courts of law, has the right to override or set aside an Act of Parliament. From this, it means that nobody can achieve the following: alter parliament’s power, devolve the power of parliament to other bodies, give effect to international treaties, and surrender or limit its own power. (Alison Cronin). Parliament has the power to enact and revoke any new laws on any subject matter and the courts are unable to question the legitimacy of the law. (Macintyre 2001)
In addition, a Parliament cannot bind its successor meaning that