The Sovereignty of Parliament Essay Example | Topics and Well Written Essays - 1500 words

The Sovereignty of parliament - Essay ExampleThe basic tenets of these ar based on the precepts of the Constitution itself.3 A. V. Dicey in 1885 summarized in his definition of the Rule of Law troika areas are comprised English law is what rules the citizens, not those that establish the law or choose to use it for their knowledge advantage thither is an intrinsic understanding that all are equal under the law and last that a nature is a result of the laws of the land not the converse.4One of the most contentious issues of wall concerning the Constitution remains the Sovereignty of Parliament. ... ant role is that of a legitimizer of the governments titleions,6 dating back to one of the set up documents of the British Constitution, the Magna Carta.7 Written in 1215, the Magna Carta laid the cornerstone of the Sovereignty of Parliament in that it limited the condition of the monarch by written grant.8 Modern Parliament was formulated with the passage of the Act of Union 1707 with the connectedness of the Scotland under the federal rule of Britain while still allowing them some autonomy.9 The British Common Law constitution acknowledges the sovereighness of the monarchy however, it affirms that likewise, as they must uphold the law, they are powerless to change it that rests solely with Parliament.10 Several cases upholding its Sovereignty follow. Pickin v British Railways Board 1974 HL upheld the Supremacy of Parliament in that the judicial challenge of any act of Parliament is disallowed.11 Vauxhall E introduces v Liverpool Corporation 1932 DC held that the Sovereignty of Parliament is assured and no Parliament may bind another parliament.12 Similarly, Ellen Street Estates Ltd v government minister of Health 1934 held that the Sovereignty of Parliament was absolute and there is no judicial review allowed.13 The 1998 Human Rights Act (HRA) has, some suggested, further weakened the Sovereignty of Parliament. segment 19 of this Act is particularly im portant in that without its full knowledge and clear understanding Parliament will not enact any legislation incompatible with the convention without its full knowledge and understanding. The Minister is required upon introducing a bill to Parliament to make a clear statement as to, in his opinion, the bill contradicts the convention. If he is unable to make a determination as to compatibility he is required to state