Supremacy or Sovereignty of Parliament under the British constitution
1) Introduction
● It is well known that parliament’s basic functions is law making and making changes in existing laws
● U.K parliament is the oldest institution in the field of legislation and has supremacy and sovereignty in U.K
● Both houses of the Parliament hold debates in which members discuss government policies
● Jean-Louis de Lolme says that , Parliament of U.K can do every things except make man into woman and woman into man
2) Constituent of parliament
The U.K parliament is consists of the following institutions
1) House of Common
2) House of Lord
3) The king
3) Meaning of parliamentary sovereignty
● The sovereignty of Parliament means that parliament is the supreme power of the state in the sense that it can make or unmake any law, and courts will obey its legislations, on one has any power in the state to overrule parliament’s authority
4) Principles of parliamentary sovereignty
● Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law.
● Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
5) Nature of parliamentary sovereignty
● The nature of parliamentary sovereignty in England is Supreme because it can make or amend any law without any pressure and there is not overrule authority
6) position of parliamentary sovereignty
Parliamentary sovereignty has following three meanings
1) It was held that what parliament enacts? Cannot be held unlawful
2) It was held that court cannot interfere with the matters and decisions of the parliament
3) No person in U.K has a right to overrule the legislation of parliament
7) Examples of parliamentary sovereignty
The U.K parliament has attained supremacy gradually with the passage of time. It supremacy may be discussed under following heads:
1) Supremacy as regard to Public right
2) Supremacy as regard to Private right
1. Supremacy as regard to public right
I. Bill of rights 1689
The provisions of bills illustrate that how the parliament became sovereign of the state
Examples of it;
1) The elections of members of Parliament should be free
2) The suspension or provision of powers to the king without the willingness of parliament is illegal
II. The act of settlement 1701
This act shows that the occupancy of the king on the throne is not because he was a member of the Royal Family but he is entitled by Parliament. It shows the supremacy of the Parliament regarding Public rights
III. The parliament act of 1911
This act snatches the powers of House of Lord. All legislating powers relating to Money bills were taken away from the House of Lords. It shows the supremacy of the Parliament regarding Public rights
2. Supremacy as regard to private rights
Parliament also has established its supremacy by interfering with the private rights.
Following are the examples of Parliamentary supremacy
1) Parliament can declare a baby, of full age
2) Parliament can declare legal child to illegal child
8) Limitations on the parliamentary sovereignty
There are two kinds of limitations on Parliamentary sovereignty
1) Alleged Limitations
2) Actual limitations
1. Alleged limitations
I. Royal prerogative
● In many fields, the royal prerogative operates, and sovereignty of parliament is excluded
⮚ Criticism
● The royal prerogative (Ikhtiar) is completely subordinate to Parliament which can abolish and control them in the manner it likes
II. Preceding acts of parliament
● While law making its appears that they could not be repealed in future
⮚ Criticism
● A sovereign power cannot limit its own sovereignty. An act passed by parliament in one session can be repealed in next session
2. Actual limitations
Actual limitations has of two kinds
I. External limitations
● Public opinions are external limitations on Parliamentary sovereignty. Parliament may pass any law which backed as long to its elector
II. Internal limitations
● Parliamentarian’s opinions are internal limitations on parliamentary sovereignty. They would not make laws against the wishes of the people
9) Other limitations on parliamentary sovereignty
Following are the other limitations on parliamentary sovereignty
1. Rule of law
● Parliament cannot make a law opposed to the rule of law
2. Statute of Westminster 1931
● The act Westminster 1931, the dominion (Badshahi) constitution cannot be amended by parliament without willingness of dominions
3. International law
● The parliament cannot violate the principle of international law
10) Conclusion
● Parliament is the highest authority in England which is looking into all matters of the state. It can alter, repeal, enact and amend any law in any time. The sovereignty of the parliament is theoretically unlimited as one said that England could never be ruined but by a parliament
● Parliament has placed itself on a high place by interfering in public and private matters