Parliamentary Supremacy Essay (Public law) | Essays (university) Public Law

Parliamentary Supremacy essay (2571 words)

Introduction

Introduction angle  The concept of parliamentary supremacy/ sovereignty is the

dominant characteristics of the British constitution. Parliamentary sovereignty is the

idea that the UK Parliament has complete legal authority to enact new laws and amend

existing ones without intervention from other bodies of government or outside parties.

The only legitimate authority to exert any kind of power inside a territory is called

sovereignty. This concept has been an essential part of the UK's constitutional

framework for centuries and has had a considerable impact on the country's political

environment. The history, present state, and political relevance of parliamentary

supremacy in the UK will all be examined in this essay. (106 words)

Introduction EU angle  The idea of parliamentary sovereignty, according to which

Parliament has the ultimate power to enact and enforce laws in the UK free from the

constraints of other nations' laws, has been significantly impacted because the UK

chose to leave the European Union. The UK's legal and constitutional structure still

fundamentally rests on the idea of parliamentary sovereignty, but the Brexit process has

brought to light a number of difficult legal and constitutional questions that call into

question its long-standing interpretation and application. (82 words)

Introduction HRA angle  Parliament has the most power to make laws in the UK.

This is called "parliamentary supremacy," and it is a key part of the UK's unwritten

constitution. In the last few years, the Human Rights Act 1998, which made the

European Convention on Human Rights (ECHR) part of UK law, has put the idea of

parliamentary supremacy to the test. The goal of the essay is to examine at how the

Human Rights Act and parliamentary supremacy function together in the UK and how

this has affected the protection of human rights. (92 words)

History of Parliamentary Sovereignty

King John signed the Magna Carta in 1215, which created the notion that the King was

subject to the law, is the first known reference to the idea of parliamentary supremacy.

Parliamentary supremacy is long regarded as one of the essential principles of the

British constitution, Political developments in the 17th century led to the establishment

of the idea of parliamentary supremacy. The so-called "Glorious Revolution" and the

ensuing constitutional agreement between the parliament and the monarchy. The Bill of

Rights (1689) established the groundwork for restricting the use of royal prerogative

authority and ensuring parliament's sovereignty over the throne. The English Civil War

in the 17th century led to Oliver Cromwell's creation of the Commonwealth and the

downfall of King Charles I. The Parliament, which had the authority to enact and

execute laws, came to dominate politics in the nation throughout this time. Yet once the

monarchy was restored in 1660, there was a time of unrest as Parliament once more

questioned the authority of the king and the nobility. An important turning point in the

development of parliamentary dominance was the Glorious Revolution of 1688. James

II was deposed at this event, and William and Mary established a constitutional

monarchy. The Glorious Revolution established the parliamentary sovereignty

principle, according to which the country's highest legislative body was the parliament.

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Parliamentary Supremacy essay (2571 words)

Introduction Introduction angle  The concept of parliamentary supremacy/ sovereignty is the dominant characteristics of the British constitution. Parliamentary sovereignty is the idea that the UK Parliament has complete legal authority to enact new laws and amend existing ones without intervention from other bodies of government or outside parties. The only legitimate authority to exert any kind of power inside a territory is called sovereignty. This concept has been an essential part of the UK's constitutional framework for centuries and has had a considerable impact on the country's political environment. The history, present state, and political relevance of parliamentary supremacy in the UK will all be examined in this essay. (106 words) Introduction EU angle  The idea of parliamentary sovereignty, according to which Parliament has the ultimate power to enact and enforce laws in the UK free from the constraints of other nations' laws, has been significantly impacted because the UK chose to leave the European Union. The UK's legal and constitutional structure still fundamentally rests on the idea of parliamentary sovereignty, but the Brexit process has brought to light a number of difficult legal and constitutional questions that call into question its long-standing interpretation and application. (82 words) Introduction HRA angle  Parliament has the most power to make laws in the UK. This is called "parliamentary supremacy," and it is a key part of the UK's unwritten constitution. In the last few years, the Human Rights Act 1998, which made the European Convention on Human Rights (ECHR) part of UK law, has put the idea of parliamentary supremacy to the test. The goal of the essay is to examine at how the Human Rights Act and parliamentary supremacy function together in the UK and how this has affected the protection of human rights. (92 words) History of Parliamentary Sovereignty King John signed the Magna Carta in 1215, which created the notion that the King was subject to the law, is the first known reference to the idea of parliamentary supremacy. Parliamentary supremacy is long regarded as one of the essential principles of the British constitution, Political developments in the 17th century led to the establishment of the idea of parliamentary supremacy. The so-called "Glorious Revolution" and the ensuing constitutional agreement between the parliament and the monarchy. The Bill of Rights (1689) established the groundwork for restricting the use of royal prerogative authority and ensuring parliament's sovereignty over the throne. The English Civil War in the 17th century led to Oliver Cromwell's creation of the Commonwealth and the downfall of King Charles I. The Parliament, which had the authority to enact and execute laws, came to dominate politics in the nation throughout this time. Yet once the monarchy was restored in 1660, there was a time of unrest as Parliament once more questioned the authority of the king and the nobility. An important turning point in the development of parliamentary dominance was the Glorious Revolution of 1688. James II was deposed at this event, and William and Mary established a constitutional monarchy. The Glorious Revolution established the parliamentary sovereignty principle, according to which the country's highest legislative body was the parliament.

According to the 1689 Bill of Rights, the king was not permitted to modify or repeal any legislation passed by Parliament. (242 words) Theories of Parliamentary Sovereignty The parliament is also considered as the sovereign law-making body. Furthermore, Parliamentary sovereignty was upheld in the Madzimbamuto v. Larnder Burke decision, which determined that nothing is beyond Parliament's jurisdiction and that it is authorized to enact any law, regardless of how absurd or immoral it may be. This concept is derived from an Oxford Law Professor, AV Dicey, in the book "An Introduction to the study of the Law of Constitution" he provided a legal theory in the nineteenth century. AV Dicey gave the traditional theory having three limbs: First of all, He said, "Parliament may establish laws on anything." About Dicey's first limb, Sir Ivor Jennings comments that smoking in in the streets of Paris is illegal if UK lawmakers pass legislation making it so. It appears proven from the case of R v Darryn Walker that, regardless of the jurisdiction, proceedings were brought against the Defendant under parliamentary supremacy after the Defendant was charged under the Obscene Publications Act 1959 for publishing an obscene story in an American website. This ensures that the Parliament is so supreme that it can charge British citizens living outside the UK. In theory Parliament can legislate on any matters that they desire. For example, the War Crimes Acts 1991 , in this rule people were charged with retrospective effect. That means the people were charged for the acts before the law was passes. There are series of cases which illustrates the limitations of the Westminster Parliament. Like in the case of British Coal Corporation v R , the UK parliament was not permitted to legislate for Scotland, Australia and New Zealand without their consent, as per the section.4 of Colonial Laws Validity Act 1865. Thus, limiting the legislative power for Westminster Parliament. The Burmah Oil case further strengthens the legislative authority of the British Parliament. By using its legal authority to seize and destroy property during wars, the UK government used this justification to destroy the company's oil resources and avoid having to make restitution. They were held to be responsible for damages under common law even though it was determined that the use of prerogative powers was legitimate. Parliament created laws that was applicable both retrospectively and prospectively in order to reduce any potential responsibility. The second limb stated by AV Dicey was ‘Parliament cannot bind its successors’. This theory seeks to illustrate that any legislation may be amended or repealed by Parliament whenever they want and they will not be bound by any previous parliament. Several authors contend that entrenchment doesn't exist. Statutory measures like entrenchments clauses and prospective formulas aim to protect a parliamentary act against alteration or repeal. In the case, McCormick v Lord Advocate stated by Lord President, Lord Cooper, an entrenchment clause requires the use of a certain procedure., ‘manner and formed provision’, for the purpose of amending or repealing a certain Law, such as a referendum or a two-thirds majority in favor. Section 1 of the Northern Ireland Act of 1998 has a clause of this nature. In accordance with its terms, Northern Ireland must remain a part of the UK until a referendum is held to discover the public's preference., with a majority of Northern Irish citizens favoring leaving the UK. The third limb of Dicey illustrates that ‘The legislation of Parliament cannot be set aside or overridden’. This theory seems to be questionable if we compare the judicial decision

Act, a British court has always had the obligation to override any national law that conflicts with a directly enforceable EU legislation when rendering a final judgment. (420 words) Impact on Human Rights: The UK's protection of human rights has developed significantly since the ECHR became part of UK law. Prior to the adoption of the Human Rights Act, those who wished to exercise their rights under the convention had to go to the Strasbourg based European Court of Human Rights (ECtHR) to do so. This was a time-consuming and expensive process that often led to delays and decisions that were not always uniform. By enabling people use UK courts to protect their rights under the convention, the Human Rights Act has made it easier for people to do so. This has made people in the UK more aware of human rights and caused the courts to apply legal interpretations that are more compatible with the ECHR. But the Human Rights Act has also been criticized for what it does to the authority of government. Critics say that the act gave the courts too much power and has undermined the principle of parliamentary supremacy. They claim that the courts aren't elected by the people and aren't obligated to respond to anyone, so they shouldn't be able to overturn laws that were passed democratically by Parliament. (192 words) Current Status of Parliamentary Supremacy The relationship between domestic and international law, as well as the scope of legislative authority over executive acts, is one of the major questions Brexit raises. The administration maintained throughout the Brexit discussions that the idea of parliamentary sovereignty gave it the right to begin implementing Article 50 of the Treaty on European Union without first obtaining the consent of the Parliament. This decision, however, was challenged in court, and the judges determined that the government lacked the competence to start Article 50 without parliamentary assent. The court's role in interpreting the idea of parliamentary sovereignty and ensuring that the government and Parliament follow the law and the constitution was underscored by this ruling.. Finally, the Boris Johnson administration was successful in negotiating the Withdrawal Act's most difficult elements. On January 23, 2020, the measure receives Royal Assent, and on January 31, the United Kingdom leaves the European Union. The Act makes it very clear that following Brexit, the UK will no longer fall under the regulation of EU sovereignty, and that Parliament will restore its sovereignty as determined by the EU referendum of 2016. The COVID-19 outbreak has also put legislative authority in question. The UK administration has received criticism for making decisions, like implementing lockdown measures, without consulting the legislature. Some argue that the use of emergency powers by the administration has compromised the idea of parliamentary sovereignty. In the end, there are three potential outcomes for the future of parliamentary sovereignty. First, it would continue to be the core value of the British constitution. The second possibility is that the UK would adopt a codified constitution, which may eventually serve as the foundation for Parliament's legislative authority. The third scenario is that the UK Supreme Court might rule on the constitutionality of acts of parliament at some point in the future. (304 words) Conclusion

General angle conclusion The British constitution is characterized primarily by the idea of parliamentary supremacy or sovereignty. Parliamentary sovereignty is the view that the UK Parliament possesses full legal ability to pass new laws and change existing ones without interference from outside parties. The term "sovereignty" refers to the exclusive legal capacity to exercise any sort of power inside an area. For decades, this concept has been a pillar of the British constitution, and it has had a profound impact on the country's political climate. (82 words) EU angle conclusion  Due to the UK's decision to leave the European Union, the idea of parliamentary sovereignty continues to be an essential feature of the country's legal and constitutional structure. However, the Brexit process brought up some challenging legal and constitutional problems that raised doubt on its conventional application and interpretation. Key concerns that will continue to influence the future of parliamentary sovereignty in the UK include the relationship between international law and domestic law, the relationship between EU law and UK law, and the function of the devolved administrations in a decentralized form of government. (94 words) HRA angle conclusion  In conclusion, the relationship between the Human Rights Act and parliamentary supremacy in the UK is complicated and controversial. On the other hand, the Human Rights Act has contributed to preserving human rights in the UK by making it easier for people to exercise their rights under the European Convention on Human Rights. On the other hand, the act has been criticised because it gives the courts too much power and undermines the power of government. (76 words)

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Parliamentary Supremacy essay (2571 words)