Sovereignty of Parliament in UK | Notes for Judiciary Exams
Introduction
British Parliament is sovereign authority in the UK. It consist upon three branches of Government. The Crown, Houseof Lord and House of Common. It can make or unmake any law courts obey its legislation. No body can override or curtail its authorities.Composition of Parliament
Parliament consist upon these three institutions(i) The Crown
(ii) House of Lord
(iii) Houseof Common
So, the parliament means the combination of these three institutions.
Maxim upon Sovereignty of Parliament
“Parliament can do every thing except its make a man a woman.”Meaning of Sovereignty
According to Keith “Sovereignty of parliament means that parliament is supreme power of the state. It can make or unmake any law, court will obey its legislation, nor in there any power in state who override or curtail its authority.”Principles of Parliamentary Sovereignty
The parliamentary sovereignty can understand with the following principles of UK Constitution.(i) The legislation sovereignty of Parliament
(ii) The complete supremacy of ordinary law through the constitution.
(iii) The dependents of conventions upon the law of constitution.
Exposition of Parliamentary Sovereignty
Parliamentary sovereignty implies in the following points(i) Right to make or unmake any Law
The Parliament has right to make any law, when it feels. And, it also has authority is dismiss the exist law. It has immunity to make or unmake any law.
(ii) No body can curtail or override its legislation
No body or body of person can curtail or override its legislation. The court obey its legislation and except it.
(ii) Authority of Parliament
This authority of Parliament extend to every part of British.
Examples of Parliamentary Sovereignty
Parliamentary sovereignty may describe as regard rights.(i) Public Rights
These are following examples of the sovereignty of Parliament as regard to public rights.
(a) Bill of Rights
This bill secure the privileges of the Parliament for example
(i) The election of member of Parliament right to be free
(ii) The power of king without the assent of Parliament is illegal
(b) Act of union with Scotland and Ireland
The sovereignty of parliament show by passing theses tow acts. In which Parliament pan the act of Scotland and Ireland union with British.
(ii) Private Rights
Parliamentary sovereignty also describe by the private rights
(i) It may adjudge an infant or minor of full age
(ii) It may naturalize an alien
(iii) It may legitimize an illegitimate child
Limitation upon Sovereignty of Parliament
These are two kinds of limitations upon the parliamentary sovereignty(i) Alleged Limitations
These are following alleged limitations upon the Parliamentary sovereignty
(a) Moral Law
Act of Parliament is invalid if it is oppose to the spirit of morality of peoples.
(b) Royal Prerogatives
In many fields the royal prerogatives operates and the sovereignty of Parliament is excluded.
(ii) Actual Limitations
Actual limitations may either
(a) External Limitations
The sovereignty of Parliament is subject to the force of the people.
(b) Internal Limitations
The Parliament can not make against the will of people.
Conclusion
To conclude, it can be stated that history is repeating itself in Great Britain. Initially, Parliament shares powers with British Monarch and British Monarch lost sovereignty. Now other institutions are sharing powers with British Parliament and sovereignty of the Parliament is being affected.