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Question: “The most significant modification of the traditional conception of parliamentary sovereignty in the United Kingdom comes from courts imposing constraints on Parliament’s freedom to act as it wishes.” Discuss.

YEAR OF STUDY: FIRST
DEGREE PROGRAMME: LAW
UNIT CODE: LAWD10012
UNIT TITLE: LAW AND STATE
UNIVERSITY OF BRISTOL

Answer: Moreover, another significant change in the UK constitution over the past few years is the enactment of the Human Rights Act (HRA) 1998 which renders the Parliament to act in accordance to Convention rights. The enactment of the HRA 1998 incorporating the European Convention of Human Rights (ECHR) has made a remarkable change to the sovereignty of Parliament because the HRA 1998 includes a mechanism under which British courts can declare an Act of Parliament to be in violation of the Convention by making a declaration of incompatibility under s4 of the Act. This power allows the court to use an accelerated procedure to enact a bill to repeal the offending law. An example of a case to illustrate this point is by looking at the Belmarsh case. The decision made unanimously by the House of Lo......(short extract)

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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 1st | Words: 1978 | References: Yes | Date written: January, 2017 | Date submitted: April 26, 2019 | Coursework ID: 1056

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