Essay: Parliamentary sovereignty

Parliamentary sovereignty is the principle in the constitution of the United Kingdom. The Queen use to be the main legislative authority in the past. She was able to pass down any law, this was known as the Queen in Parliament.
Royal Prerogatives is a form of historical powers, which is used by the Monarch, but in its exercised by the government ministers. Dicey described the royal prerogative, as the remaining portion of authority of the Crown . Personal prerogative is exercised by the monarch not by ministers. Ministers use executive prerogatives, under the name of the Crown. There are four personal powers the Monarch has, dissolution of parliament, the appointment of Prime Ministers, granting royal assent to legislations, and also dismissal of the government. However, Blackstone believed that, since the United Kingdom become part of the European Union, that parliamentary sovereignty has been limited.
In addition, legal authority can pass, adopt and repeal any law. Courts cannot overrule its legislation, the reason being is that Parliament can pass laws, the next future parliaments cannot change. Common law was established as judicial rule in the late 17th century in the United Kingdom, in 1608 which was the ‘Glorious Revolution .In 1689 the Bill of Rights, was passed and sovereignty was removed from the King, and was replaced with sovereignty of the King in the parliament . The Act was to ensure that the Monarch must gain the assent, in order to place legislation and raise taxes.
As shown in the case of Pickin v British Rail Broad, statutes is created by legislature cannot be challenged in courts . This shows that parliament cannot bind its successors, which was stated in the case of, Maugham LJ in Ellen Street Estates v The minister of health , Parliament can make any law they wish, but independence of the judiciary is presented by the Constitution Reform Act 2005 , its shown in the case of Queen v Liyange , that the parliaments has unlimited legislative powers.
Dicey argued that parliamentary sovereignty is a political institutions, and it’s the basis of the law of the constitution. He also argued, that parliament is the supreme power in the state, and it holds unlimited legal power and parliament cannot be bound by previous legislative provisions of earlier parliaments. Dicey believed, the principle of Parliamentary Sovereignty means parliament under the English Constitution, they have the right to make or unmake laws and nobody has the right to suspend, or set aside the legislation of Parliament. Dicey also, stated that parliament means the Queen in Parliament, House of Commons, House of Lords and Monarch.
However Dicey’s doctrine has a couple of criticism, Lord Steyn in Jackson v Attorney General that there can be situations where courts check, whether it’s a constitutional fundamental which sovereign parliament cannot abolished . This shows that, courts can challenge parliament in the doctrine of Parliamentary supremacy, which is allowed. In the case of Jackson v Attorney General, the courts believed in the supremacy of Parliament as Dicey believed in. However, Dicey’s doctrine is not irrelevant in today’s Parliament, but the view and theory that parliament hold all the power is not true, because parliament was not born free by itself. In addition, Dicey’s doctrine of supremacy of the parliament it is now seen as out of place, in the modern days of the United Kingdom . Also, supremacy of the Parliament is still a principle in the United Kingdom constitution, which is a concept of common law as seen in the case of Jackson v Attorney General .
The Human Rights Act is one of the doctrine of parliamentary sovereignty. The reason being, is that parliament cannot make decisions to amend, change or repeal legislation . In the case of Factortame, there was conflict between EC Treaty and the Merchant Shipping Act . Parliament passed the Merchant Shipping Act, which it allowed the Secretary of State of Transport to make regulations, in order to have permission to fish in the territorial waters of the United Kingdom. The EC Treaty as a result it was seen as discrimination on nationality.
Factorame Ltd were denied licence to fish in the territorial waters of the United Kingdom. As a result, the Merchant Shipping Act was breached, it was brought to court, because of the provision of the EC Treaty . In addition, they were unable to suspend the Merchant Shipping Act, as the House of Lords and Court of Appeal did not have any form of power to suspend it. Factortame had favour upon him by the European Court of Justice, as a result they decided to suspend the Merchant Shipping Act . The Factortame case did show that there is effects on parliament sovereignty as the Merchant Shipping Act had no effect, because it went against EC Treaty and Community law provisions . This was shown in the case of Costa v Enel, the United Kingdom parliament has to legislate within the European law .
In conclusion, the constitution of United Kingdom have become sovereign as the United Kingdom has to legislate within the law of the European Union and the Queen has only personal power, which makes her not active as much in decision making as the Prime ministers.