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What is Meant by the Sovereignty of the British Parliament ? What Are Its Limitations ? - Political Science

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प्रश्न

What is meant by the sovereignty of the British Parliament ? What are its limitations ? 

थोडक्यात उत्तर

उत्तर

The "Legislative Supremacy of Parliament" means that Parliament (i.e. the Queen, Lords, and Commons in Parliament assembled) can pass laws on any topic affecting any persons and that there are no "fundamental" laws which Parliament cannot amend or repeal ill the same way as ordinary legislation. Dicey was following tilt tradition of Coke and Blackstone when he said that Parliament has "the right to make or unmake any law whatever," and further that "no person or body is recognized by the law of England as having the right to override or set aside the legislation of Parliament."

  1. Explanation of Legislative supremacy
    Legislative supremacy as thus defined is a legal concept. The supremacy of Parliament being recognized and acted on by the courts is a principle of the common law. It may indeed be called the one fundamental law of the British Constitution, for it is peculiar in that it could be not be altered by ordinary statute, but only by some fundamental change of attitude on the part of the courts resulting from what would technically be a revolution.
  2. Only an Act of Parliament is supreme 
    The courts do not attribute legislative supremacy to the following, and will if necessary decide whether or riot they have legal effect: 
    (i) A resolution of House of Commons; 
    (ii) A proclamation or Other document issued by the Crown under prerogative powers for which the force of law is claimed;
    (iii) A treaty entered into by the government under prerogative powers which, seeks to change the law within territory subject to British jurisdiction;
    an instrument of subordinate legislation that appears to be issued under the authority of an Act of Parliament. 
  3. Examples of subject-matter
    Examples of the positive aspect of the legislative supremacy of Parliament as regards subject-matter are;
  1. the Act of Settlement 1700, which regulated the succession to the throne on the failure of Queen Anne's issue, and His Majesty's Declaration of Abdication Act 1936, which varied that succession;
  2. the Union with Scotland Act 1706, by which the English Parliament extinguished itself and transferred its authority to the new Parliament of Great Britain;
  3. iii.  the Government of Ireland Act 1920 and the Irish Free State Agreement Act 1922, dissolving the union between Great Britain and Ireland (which had been created by the Union with Ireland Act 1800), setting up a subordinate legislature in Northern Ireland and giving Dominion status -to the Irish Free State.
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Conventions - Meaning and Examples with Reference to U.K., U.S.A. and India
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