To What Extent Has Parliament Lost Sovereignty

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To what extent has parliament lost sovereignty? (40 marks) Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. However, being a member of the European Union has led to lost sovereignty. It will be argued that parliament has lost sovereignty but can retrieve it at any time. The Law of EU is very unique and special system in the world and its strong indicator as to how parliament is losing sovereignty as any legal acts, directives, decisions or regulations which are made by European Parliament have a binding force for all Members of Union. It is obvious that if Court of Justice of the European Union made any decision on a particular case, henceforth it becomes a judicial precedent for those members who follow the common law traditions including England. The parliament sovereignty in the English system is strongly affected by UK’s membership of the European Union. As the laws of the EU has a binding force on all member states it is logical to say that it takes precedent over English domestic law. Moreover, EU legislation automatically becomes law in UK including England irrespective of the opinion of Westminster Parliament. However, parliament could agree to abolish previous legislation or quit the EU to demonstrate the existence of parliament sovereignty. However, the principle of Parliamentary sovereignty is the unshakeable keystone of Britain’s judicial system; it guarantees the continued supremacy of parliament. A codified constitution, which in many other countries restricts the powers of government, does not exist in Britain. Thus the only check on the power of Parliament is the sovereignty of future parliaments – legislation can
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