How Is Parliamentary Sovereignty Is A Constitutional Relic

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This essay looks to discuss Parliamentary sovereignty as a constitutional relic and will argue that it has not been rendered obsolete by the supremacy of European law. This will be done by examining the relationship between the United Kingdom and the European Union. It will further argue that although the United Kingdom’s statutory recognition of the Human Rights Act 1998, in response to the convention of HR, may be seen to limit the supremacy of Parliament, it will prove that Parliament still reigns supreme. It will highlight that the doctrine of parliamentary sovereignty is a relevant and crucial doctrine within the United Kingdom’s constitution as it is essential for parliament to enact statutory law. This essay, taking all the above arguments into consideration, will conclude that Parliamentary sovereignty is very much alive within the UK constitution. ‘Parliamentary sovereignty is a constitutional relic’ can be seen to be a factually correct statement, in that it emerged as a result of the English Civil War in the seventeenth century after the struggle between the crown and Parliament, (which culminated in the…show more content…
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'. Dicey’s definition can be described as a classic and orthodox approach to the definition of Parliamentary
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