This is an essay ive started to write on the sovereignty of Parliament, just the intro so far! Let me know what you think!
"The orthodox doctrine of the supremacy of Parliament can no longer be regarded as
an immutable part of British constitutional law."
The traditional notion of the supremacy of Parliament can no longer be regarded
as applying. This much can be seen from a relatively basic examination of Dicey’s
definition of Parliamentary sovereignty. If we go forward through the major events
involving cases of Parliamentary sovereignty since Dicey’s definition, attempting to
match up and verify the definition to the actual outcome of the event, we would come
across problems. This point is best shown if we break down a question such as “is
Parliament sovereign?” into much more specific questions in an attempt to avoid a
generic “it is and it isn’t it” response. What we should do is ask if/how/to what extent
Parliament is sovereign in regards to questions of devolution of powers, ex colonial
powers, the European Union, Human Rights, and the relationship it has with Judges.
An answer to one of these questions should perhaps not be applied to the others
as a definite answer, in the same way that a Doctor wouldn’t treat two patients with
different forms of cancer in the same way. The separation of the issue is vital and an
attempt to get an objective answer to a question involving Parliamentary sovereignty
is maybe unattainable.
First let us look at Dicey’s definition of Parliamentary sovereignty:
“The principle of Parliamentary sovereignty means neither more or 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 recognized
by the law of England as having a right to override or set aside the legislation of
Parliament.”
This definition became a fundamental principle of the law, as Turpin and Tomkins say
in British Government and the Constitution:
“the courts have held that the statutes enacted by Parliament must be enforced, and
must be given priority over rules of common law, over international law binding upon
the United Kingdom, over the enactments of subordinate legislative authorities , and
over earlier enactments of Parliament itself.”
Let us look at an example of Parliamentary sovereignty in action. In the case of
British Railway Board v Pickin3, Mr Pickin bought a piece of land close to the railway
line with the probable intention of gaining control of the land underneath the line if
the line was discontinued. This did not happen however due to a private members
bill from British Railway. Mr Pickin wanted a provision of the bill disregarded on the
grounds that Parliament had been misled. This was rejected by the House of Lords.
Lord Reid stated that:
“…the function of the court is to construe and apply the enactments of Parliament.
The court has no concern with the manner in which Parliament or its officers carrying
out its standing orders perform these functions”.
Will let you know when ive done more!
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