This was an appeal against the Race Relations Act on the grounds that it was an infringement on freedom of speech. Again this failed as the judges were unwilling to question the validity of the Act. Here Canadian Indian chiefs tried to declare the Canada Act invalid.
They argued that although it claimed to have consulted the people of Canada it had not consulted them and therefore should not have been passed. The Court of Appeal held that there was nothing they could do once the Act was passed, it was too late.
This would suggest that the courts will not get involved even if Parliament has not done all it should have done in passing an Act. As long as the necessary assents have been given, or even appear to have been given, the courts will not investigate matters further. From all this it is apparent that the courts and parliament both realise that they have specific jobs to do and prefer to get on with doing those jobs.
Neither like to try to interfere with what the other is doing. Courts see their role, to go back to the sporting analogy, as being referees who must apply the rules. However they do not question the validity or logic of such rules, not publicly anyway. If, for example, the government passed a rule to say that no house in England would be allowed a garden shed then the courts would obey such a rule, however futile it may be or whatever international laws it may break. Their job is not to question, merely to apply.
I will look at this role more closely towards the end of the essay. Parliament, it seems, can make or unmake any law it wishes and no person or body can set aside or override such legislation.
However whether this is actually true in practice remains to be seen. Although UK courts are bound to obey UK statutes regardless of how fair, just or practical they are, judges do have a certain flexibility in interpreting them. It is their job not only to apply the statutes but also to give their interpretation as to what parliament hoped to achieve by such a statute.
They may interpret a statute strictly if they feel this is necessary, or if it is worded in such a way that makes ambiguity impossible, or they may allow a statute a wide interpretation, often as they may feel strict application may not be just in a specific case.
Judges may very possibly interpret a statute to mean one thing in one case and something completely opposite in another case but at all times must remember their duty to act lawfully. However the referee is not authorised to send the player off in a situation such as this and in doing so he would be acting unlawfully and would be subject to disciplinary charges from the governing body.
So we see that judges although allowed to offer their own, sometimes biased, interpretation they may not act outside the laws laid down by Parliament. Often the power given to judges to interpret statutes can work in favour of Parliament. It is obviously difficult for Parliament to foresee all situations that may arise when they formulate an Act.
In view of this it is often useful for Parliament to word Acts in such an ambiguous way that they can be given a wide interpretation by judges according to the different circumstances of each incident that may arise. In his article The Sovereignty of Parliament-in Perpetuity? In this respect, the courts have an essential part to play in ensuring the government is conducted according to law. Parliament, to use another analogy, lay the foundations of the building and construct the basic brickwork and it is left to the courts to finish off the finer details and provide the fixtures and fittings.
This seems to me to be a just way of making and applying the law. Although courts are not authorised to set aside primary legislation they can do so with delegated legislation. One of the reasons for enacting delegated legislation is that it saves Parliament time and allows for a change in such rules quickly and without going through the complex parliamentary process.
Courts are allowed to challenge delegated legislation as ultra vires if it exceeds the scope of authority confirmed by primary legislation or if the correct procedures have not been followed. Finally I feel it necessary to give a brief mention to the question of Europe on this matter. Since England joined the European Community in there have been a number of cases in which English statutes have conflicted with those from Europe.
This fact has created a lot of political tension and public perception of Strasbourg ruling is very negative. Parliament seems to use the case as a political reason to question the supremacy of the Strasbourg court. Since a few years politicians and also a few academics advocated for a British Bill of Rights that would substitute the HRA and some even claim that a withdraw from the ECHR is necessary in order to re-establish the sovereignty of parliament.
The orthodox view on parliamentary sovereignty is in many ways in conflict with the modern view of the rule of law. However, it should be forgotten that Westminster chose to do so voluntarily and it is of course free to withdraw from the EU treaties or the ECHR. Which is compared to human behavior as it shows how individuals are willing to bring others who are more successful down out of jealousy or The problem is not to wipe out the differences but how to unite with the differences intact.
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Parliamentary Sovereignty Essay Sample 1. Conflicts with national institutions This orthodox view has been challenged in the times in the context of judicial review and academic thought. Conclusion The orthodox view on parliamentary sovereignty is in many ways in conflict with the modern view of the rule of law. Copying is only available for logged-in users. If you need this sample for free, we can send it to you via email Send. All Materials are Cataloged Well.
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Parliamentary Sovereignty Lecture A. The History of Parliamentary Sovereignty. The recognition by the Monarch and the courts of Parliament's legislative supremacy was developed in a series of cases during the 17th century.
Part A: Many countries such as the United States have a written constitution but Britain does not, however 'it must have something which is at the heart of its constitutional arrangements' and this need is fulfilled by the doctrine of parliamentary sovereignty.
I will look at this role more closely towards the end of the essay. It has therefore been established that Dicey’s doctrine of parliamentary sovereignty is, in theory, true. Parliament, it seems, can make or unmake any law it wishes and no person or body can set aside or override such legislation. Parliamentary sovereignty is a fundamental principle in the constitution of the United Kingdom. It is where the Parliament is the supreme legal authority, which has the power to create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass a law that a future Parliament cannot change.
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. Essay on Parliamentary Sovereignty - One of the most influential and celebrated scholars of British consistutional law, Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions”.