Topic > Parliamentary Sovereignty - 1214

Parliamentary sovereignty has traditionally been the cornerstone and primary authority of the unwritten constitution of the United Kingdom relating to all principles of the rule of law. While parliamentary sovereignty remains a supreme and guiding constitutional principle, its power is no longer absolute following the UK's accession to the European Union, the creation of the European Communities Act 1972 and the devolution arrangements. The consequences of these changes have not only led to several controversial cases such as Factortame, but have also led to a dynamic change in the relationship between the judiciary and Parliament. The judiciary is no longer forced into submission as the creation of the Human Rights Act 1988 and the Constitutional Reform Act 2005 have created a new arrangement that changes the nature of constitutional authority in the UK. The creation of the Supreme Court by the CRA in 2005 granted the judiciary greater independence and provides for a clear separation of powers, embodying the democratic principle of the rule of law. In contrast to AV Dicey's historical and foundational account of Parliament's sovereignty in the present, it is clear that changes have occurred in both jurisdiction and practice: “The principle of Parliamentary sovereignty means no more or less than this, it applies to say that Parliament, so defined, has, under the English constitution, the right to make or unmake any law whatsoever; and, further, that no person or body is recognized by English law as having the right to override or override the legislation of Parliament.” Based on this definition, it is clear that Parliament's power is no longer absolute and is therefore limited following the 1972 ECA and devolution agreements such as N...... middle of paper ...... gina v Secretary of State for Transport, Ex parte Factortame Ltd. and others (No. 2) [1991] 1 AC 603, 658-659 (Lord Bridge)Thoburn v Sunderland City Council [2002] EWHC 195, p 58Van Gend en Loos v Nederlandse Administratie der Beusingen [1963] ECR 1LegislationEuropean Union Act 2011, Article 18European Communities Act 1972Statutes and Statutory InstrumentsHuman Rights Act 1998, Articles 4(1) and 4(a)(b)Secondary SourcesA. V. Dicey, 'Chapter 2' in (ed.), The Law of the Constitution (5th, Macmillan and Co. Limited, London 1885)J. Jowell, “parliamentary sovereignty under the new constitutional hypothesis” [2006] PLN. W. Barber, 'The afterlife of parliamentary sovereignty' [2011] OJLS 144, 150562, 577R. Masterman, J. And Khushal Murkens, 'Supremacy and subordination: the constitutional authority of the UK Supreme Court' [2013] PL 800, 813