Parliamentary Sovereignty And The Uk 's Statutory Recognition Of Human Rights

1107 Words Nov 30th, 2015 null Page
‘Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK’s statutory recognition of human rights. We should no longer talk about this irrelevant doctrine.’

Parliamentary sovereignty is a principle of the UK constitution, it is legislated by the House of Commons, House of Lords and the Queen; it is usually perceived as the most important aspect of the UK constitution, “The supremacy of Parliament is the constitution”. It is often understood as “The principle of Parliamentary sovereignty means neither more no less than this, namely, that parliament has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament”. In simple terms, Parliament are effectively the supreme legal authority in the UK however, not only are they not allowed to make any law that future Parliaments cannot undo, but the courts cannot overrule the legislation; only interpret it. As it currently stands the UK constitution is partially written and utterly uncodified, large parts of it are written however, unlike the USA and Germany, there is not a written, single constitution; instead the UK’s constitution is made up of statute, case law, royal prerogative and constitutional convention. It could be said that in conjunction with the UK’s recognition of human rights,…

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