Parliamentary Sovereignty Uk Essay

Question

Parliamentary sovereignty is a key doctrine of the UK’s unwritten constitution. It is undermined by the supremacy of European Union Law.

The concept of parliamentary sovereignty is one of the imperative components of supreme legal authority in UK constitution. The parliament supremacy is the key legislation authority body to all governmental establishment. The parliament on the other hand delegate powers to the local authorities, professional bodies and statutory instruments to pass an act.

Practically, the Parliament has the power to make and dissolve any law which means any law passed by the parliament sovereignty cannot be overruled by any court in the country. Subsequently, no parliament creates a law that a future parliament cannot change. Its only the parliament that is allowed to change or reverse a law passed by parliament.

The UK is also noted to have bit and pieces of written and uncodified constitution which mean the constitution is derived from diverse sources.

The UK becoming a member of European Union since 1973 has undermined the supremacy of parliamentary sovereignty, this is because the parliament is no longer the

The effect of the incorporation of the right is that it has threatened the authority of parliamentary sovereignty. For example, the European Court of Human Rights has repeatedly ruled that banning most prisoners from voting is a breach of their human rights. This issue is perhaps the most politically controversial human rights. The court on the other hand must interpret UK legislation in a way that is compatible with the convention. The Human Right Act also requires courts to construe the domestic law in accord with the Convention right. The courts take a thoughtful approach in deciding Ghaidan v Godin-Mendoza case. however, sometimes this is not possible in (Doherty v Birmingham City Council)