Constitutional and Administrative Law (Parliament Sovereignty in UK) Essay

Constitutional and Administrative Law (Parliament Sovereignty in UK) - Essay Example Britain is known to have an unwritten constitution; nevertheless, still, they do exist in a solitary text, just like other countries, for instance, the USA and Germany. For that reason, Britain constitution is too often described as partially written and completely unchanged (Goldsworthy, 1999). According to Goldsworthy (2010) the principle of parliamentary supremacy is about the connection between the Legislature and the courts. Is parliament sovereign or the courts? As aforementioned, the United Kingdom is known to have parliament sovereignty, but to what to degree? Dicey asserts that parliament is supreme, meaning that the Legislature has, under the English constitution, the right to make or unmake any decree whatsoever. Further, no individual or entity is acknowledged by the law of England as having a right to overrule or refute the legislation of Parliament. The dogma of legislature sovereignty in the United Kingdom has been considered as the most significant feature of the British constitution. It can be abridged in three parts. The Legislature has the authority to make any law they want, and no legislature can create a decree/law that future parliament cannot amend and only parliament can adjust or unmake a law passed by parliament. It offers categorical authority to Westminster Parliament Dicey illustrates it as the overriding trait of our political organs. Another feature to put into account is the effects of the European Union, the Human Rights Act 1998. It is also essential to consider the Devolution of sovereignty to Scottish Legislature and Welsh Assembly and the establishment of the United Kingdom Supreme Court. These features do not essentially undercut the doctrine of parliament sovereignty, at least theoretically, as the legislature could repeal any of the law carrying out these transformations. The Scottish Legislature and Northern Ireland Congress are both capable to pass key legislation within the places that have been devolved to them. As the network remains devolved and not centralized, the authority of these parliaments stems from the United Kingdom and can be balanced, as has occurred with the Northern Irish case. Nevertheless, this appear improbably to take place in Scotland or Wales, as such a judgment would presently be exce edingly out of favor with the electorate in both areas. The bodies of the European Union, in specific the European Court of Justice (ECJ) that suggests the supremacy to carried out judicial assessment over the United Kingdom law. In this scenario, an unfavorable establishment by the ECJ that a United Kingdom decree is conflicting with the EC Treaties mechanically rescinds the law, because the European Communities Act 1972 offers that European Community decree is sovereign in Britain. An example of this in connection to a law, the Merchant Shipping Act 1988, was the Factortame case. The European Community Act has been considered as a constitutional law. In the case of Thoburn V Sunderland City Council, the Weights puts on leash the impact of parliamentary supremacy, as the ECA must be explicitly repealed for it to be annulled by later unsuited legislation. The European Convention on Human Rights and the integration by the Human Rights Act 1988 of the European Convention an establishm ent of a contravention of Convention rights by the ECHR does not mechanically resc