Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power. It is sovereign'. He states a number of reasons as to how this is possible. Firstly Dicey points out that Parliament can pass laws on any subject without legal restriction therefore it is sovereign. This principle is a result of the election of the Members of Parliament (MPs), by the electorate which gives them authority to represent and pass legislation on their behalf.
The Reformation Parliament was successful in bring down Wolsey and increase pressure on the pope. Between 1534 and 1536 the Reformation Parliament set out to extinguish the authority of the Pope. Therefore meaning that Henry would gain money which would normally go to the Pope and alter his role in England, this gave Henry complete supremacy, but tension between England and the Bishop of Rome. In the background of this, Thomas Cromwell was taking anti-papalism very seriously, still under the watchful but supportive eye of Henry. Following on from this, in 1534, the Act of Supremacy was introduced.
The doctrine of parliament sovereignty has been regarded as the most fundamental element of the British constitution. It can be summarised in three points: that parliament has the power to make any law they wish; that no parliament can create a law that a future parliament cannot change; that only parliament can change or reverse a law passed by parliament. Parliamentary Sovereignty thus gives unconditional power to the Westminster Parliament. A.V. Dicey describes it as ‘the dominant characteristic of our political institutions',and ‘the very keystone of the law of constitution'.
In order to continue battling France, the King forced from his barons greater taxes and additional military services, this angered the barons because he did not consult them before raising taxes; this was a violation of feudal law and custom. On top of angering the barons, King John also angered the citizens and the church as well. He was using unnecessary military force and demanded a ridiculous amount of taxes. Disagreements between Pope Innocent III, King John, and the English barons about the Kings rights were how the Magna Carta came to be written. A new Archbishop was to be elected; the candidates were the monks of Canterbury, and the other candidate was someone that the king favored, the Pope had the election take place in front of him, to see fair play.
Is parliament still sovereign? ‘Parliamentary sovereignty is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies.’ 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. Parliamentary sovereignty is the most important part of the UK constitution.
The King could define the faith in parliament. The King also had the power to appoint men of his choosing to the most important ecclesiastical posts. The passing of this act gave Henry more power than ever for within his own realm he was superior to the Pope and all taxes formerly paid to Rome would now be paid to the King. The Act of Succession 1534 Mary was excluded from the succession, in favor of any children from Henry and Anne. All nobles had to swear an oath confirming the terms of the succession.
Both sides were seizing the estates of their enemies to finance the war effort, creating even more political chaos. The King gained several victories, which all the more inclined him not to negotiate or compromise with the rebels. Having said this, the parliament had their own internal divisions which had a direct effect on that of a settlement. The division of parliament into Presbyterians and Independents made it much more difficult to reach a settlement after 1646. Parliament couldn’t agree on anything such as taxes.
The bureaucratic courts of Chancery and the Exchequer What were income and expenditure managed by? Were controlled from within the king's household, under the care of the Privy Chamber What was the Secretary? The king could delegate whatever tasks he chose and by the 1530's the secretary's duties often covered matters of state as well as the Kings personal affairs What did the King exercise power over and why? As the source of patronage he exercised supremacy over all 3 of the
Luther needed the support of the masses to bring about his reform. This differed greatly from King Henry VIII’s course, which only required administrative power. Henry VIII put two bills through Parliament. One, the Act in Restraint of Appeals, indicated that all the Church of England was under the king’s jurisdiction and no one could appeal to the Pope. Like Luther, Henry VIII denounced the authority of the papacy.
When King Henry was crowned the supreme head of the Church of England, Moore refused to recognize his authority. He was executed in 1535. The English people had little sympathy for the situation and the Reformation continued. The English people began to have a radical view and King Henry took control over the Erasmian Humanists. [15] [16] King Henry VIII also reformed the clergy in particular the bishops’ position.