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Summary - Public Law (M100)
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- Public Law (M100)
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- Liverpool John Moores University (LJMU)
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918624Question 1- ‘The doctrine of parliamentary sovereignty means that politics can
always trump law’
Discuss this statement with particular reference to the principles of parliamentary
sovereignty and the rule of law.
Parliamentary sovereignty is according to (Parliament, 18th June 2019, Date
Accessed 15th June 2021) “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.” This means that Parliament is at the top of the chain
for the local authority, and if a law needed to be ended or needed to be created then
Parliament would be the ones to do that. Parliamentary sovereignty is constrained by
the Rule of Law and of fundamental rights. According to (Polyas, 29 March 2020,
Date Accessed 15th June 2021) “The notion of parliamentary sovereignty was
at the heart of the Brexit referendum in 2016. Those wishing to leave the
European Union saw its institutions, such as the European Parliament, as
directly challenging the sovereignty of the Westminster Parliament because
European laws can be automatically binding and override local laws within the
UK.” People who wanted to leave the European Union had seen that the laws could
potentially end and this would cause a difference within the legal system with the
United Kingdom which more people probably would agree that it was for the better
for a number of reasons not just about the legal system.
Parliamentary Sovereignty can also be known as Parliamentary Supremacy and with
this there is a doctrine and these can be summarised within 3 points which are,
Parliament can make laws concerning anything. No Parliament can bind a future
parliament. A valid Act of Parliament cannot be questioned by the court. According
to (University of Bristol, 4 December 2017, Date Accessed 15th June 2021)
“This doctrine states that the UK (Westminster) Parliament is supreme, and it
has unlimited power to legislate on whatever it sees fit. As such, it is asserted
by this doctrine that no one can set aside an Act of Parliament.” This means
that Parliament is a supreme and can do what they want about the law, this is why a
doctrine is in place as it is a framework or a set of rules, procedural steps, or test,
often established through precedent in the common law, through which judgments
can be determined in a given legal case.
, 918624
There are theoretical problems with Parliament sovereignty and these include the
Grants of independence, Treaties of Union, and Clashes of International Law.
The Grants of independence is when a country gains or already has independence,
it has its own government and is not ruled by any other country. According to
(State.gov, 29 January 2021, Date Accessed 16th June 2021) “Ireland, France
and the United Kingdom are independent states within the world.” A lot of
countries are now independent, the United Kingdom is built up of 4 countries which
are England, Scotland, Wales and Northern Ireland and each of these have their
own government but since Parliament is based in England then the other 3 will also
listen to what Parliament wants to say. Each of the countries do want their
independence away from the United Kingdom. If Northern United Ireland, which a lot
of Northern Irish people do want.
The Treaties of Union, according to (Parliament, 24 February 2019, Date
Accessed 16th June 2021) “The Acts of Union, passed by the English and
Scottish Parliaments in 1707, led to the creation of the United Kingdom of
Great Britain on 1 May of that year. The UK Parliament met for the first time in
October 1707.” This means that the Treaties of Union was created for whenever
Scotland and England came together to become Great Britain and this is what
created the Flag of Great Britain as it is made up of the red cross of St George for
England, the white saltire of St Andrew for Scotland and then the red saltire of St
Patrick which represents Ireland. According to (Royal, 20 May 2018, Date
Accessed 16th June 2021) “The Welsh dragon does not appear on the Union
Flag. This is because when the first Union Flag was created in 1606, the
Principality of Wales by that time was already united with England and was no
longer a separate principality. The Union Flag was originally a Royal flag.” This
means that Wales doesn’t have a part on the flag because it was already united with
England so before Scotland or Ireland joined it was to represent the both of them,
even though Ireland isn’t part of the United Kingdom, St Patrick will also represent
Northern Ireland and that he was also born in Britain.
Clashes of International law includes Monism and Dualism, according to (Schutze,
19 November 2020, Date Accessed 16th June 2021) “Monist States make
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