Parliamentary Sovereignty Essay

650 Words3 Pages
The traditional doctrine of Parliamentary Sovereignty can no longer be regarded as an immutable part of UK Constitutional law. Discuss. Under parliamentary sovereignty, a legislative body has absolute sovereignty. This means that is it supreme to all other government institutions and can change or repeal any prior legislative acts. Parliament in Britain is generally regarded as making laws that apply to the entire population but there is no universal agreement that it should have unlimited power to make laws of whatever kind. In many constitutions, legal limits on parliament to make laws are set out in their written constitutions but as Britain does not have such a written constitution, does it mean that there are no legal limits on parliament? The traditional doctrine of Parliamentary sovereignty was first defined by Dicey in the 19th century in his book “The Law of the Constitution”. According to Dicey’s theory, parliamentary sovereignty means, “the right to make or unmake any law whatever; and further, that no person or body is recognized by the law of England as having a ride to override or set asides the legislation of parliament.” This idea of parliament being sovereign was formed at time where England was not a democratic country and it could be argued that this theory is dated and can no longer be regarded as an immutable part of UK Constitutional law. If Dicey’s theory is placed in historical context, it was produced in a very different political environment to today. Political parties were not dominant then as they are today and their influence has greatly increased. The executive branch of government is much more dominant today and international influences have changed over the years. The development of the European Union has placed Britain under many constraints. Government has also grown since the decade that Dicey was writing as Laws are made
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