The Doctrine Of Parliamentary Sovereignty Of The United Kingdom

1124 Words Dec 1st, 2014 5 Pages
The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement without parallels in comparative constitutional law. It has been one of the principles, which have stood in the heart of the Constitution and constitutional law in the UK. After many years of enjoying the power provided to the Westminster Parliament, the major developments in the UK and European constitutional law have caused many difficulties and challenges to it. For instance the European Communities Act 1972 and the Acts of Parliament 1911 and 1949. New legislation has challenged the main competitions of the Parliament provided by the Parliamentary sovereignty and consequently have questioned the adaptabilty of the traditional doctrine. In order to be able to understand, whether the traditional doctrine of Parliamentary sovereignty can be still regarded as an immutable part of the UK constitutional law, it is crucial to determine the criteria by which the immutableness will be judged. In the constantly developing world, however, it is foreseeable that the traditional understanding of the Parliamentary sovereignty is no longer applicable and as every legal rule it has to be constantly adjusting and changing in order to be immutable.
The idea of Parliamentary sovereignty has been developing in the United Kingdom since the 16th century, where the Parliament has decided to put statutes over the church. Later, in 1707, the Earl of Shaftesbury wrote:…
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