The Natures Of Parliamentary Supremacy And Parliamentary Temperity

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The natures of constitutional supremacy and parliamentary supremacy
Parliamentary supremacy is a concept in the constitutional law of some parliamentary democracies. Parliamentary supremacy is often presented as a unique legal arrangement without parallels in comparative constitutional law. By giving unconditional power to the Parliament, it appears to rule out any comparison between the likes of the Parliament to for example the USA congress, whose powers are carefully limited by their respective constitutions. Parliamentary supremacy is therefore seen as a unique feature and a result of the unwritten constitution. It holds that the legislative body has absolute power, and is above all other government institutions, including executive and/or
Dicey says that the definition has a positive and a negative side. The positive side refers to a power, or set of powers, to bring about valid laws. The negative refers to an immunity, or set of immunities, as against everyone, including the courts, to affect the validity or intended effect of Parliament’s laws. We may rephrase Dicey’s account in terms of powers and immunities as
(2) IMMUNITY: Parliament enjoys a comprehensive and exclusive immunity of law-making against any other person or body. Its laws are not to be changed or unmade by any other person or body but themselves.
Throughout the years, Parliament has passed several laws that limit the application of parliamentary sovereignty. These laws reflect several political developments both in and out of the UK.
They include:
• The devolution of power to bodies like the Scottish Parliament and Welsh Assembly.
• The Human Rights Act 1998.
• The UK's entry to the European Union in 1972.
• The decision to establish a UK Supreme Court in 2009, which ends the House of Lords function as the UK's final court of appeal.

These developments do not fundamentally undermine the principle of parliamentary sovereignty, since, in theory at least, Parliament could repeal any of the laws implementing these changes.

The concept of the supremacy of the constitution gives it the highest authority in a legal system on the constitution. When the Federal Constitution was completed, it was considered the highest law in the land as well as the source of all governmental powers. It is a comination of written and its containing supreme constitutions and has several

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