Can The Traditional Doctrine Of Parliamentary Sovereignty?

1266 WordsDec 1, 20146 Pages
Can the traditional doctrine of parliamentary sovereignty; be considered as no longer an immutable part of UK constitutional law. Has this notion been limited after The European Communities Act 1972 was enshrined in United Kingdom law or when the Human Rights Act was incorporated into United Kingdom domestic law in 1998. This will be elaborated on, after considering the theories of parliamentary sovereignty. Origin of the UK Constitution and Parliamentary Sovereignty The United Kingdom constitution derives from Magna Carta, which was issued by King John of England to eradicate political crisis in 1215. Since then, everyone was subjected to law, including the king himself. Albeit, Magna Carta has been partially modified over the last ten years and majority clauses have been repealed, Magna Carta still remains a vital part of the United Kingdom constitution, British Library (2014). Parliamentary Sovereignty originated from the changing bought to the Coronation Act 1688 during the English Revolution. Once, the Bill of Rights 1689 were passed some rights of the parliament were protected therefore, it was agreed by the crown and the parliament that the nation was kept safe from the ‘’tyranny of its king’’, this lead to the manifestation of parliamentary sovereignty. In order to expand the English parliament, the parliament wanted Scotland to join. However, Scotland opposed to the notion of parliamentary sovereignty, therefore, retaliated by presenting the Act of Security 1704
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