Question: The doctrine of Parliamentary Sovereignty continues to hold sway over the rule of law as the overriding principle of the British constitution.
Critically discuss this statement.
Answer: The rule of law is a vital component of a good constitution, since it is concerned above all with keeping governmental power under control. However, a key issue facing commentators on the British constitution is that constraints on executive power do not sit easily with the fact that the overriding principle of public law is traditionally held to be the supremacy of Parliament. For A. V. Dicey, writing in 1885, the principle of Parliamentary Sovereignty implies that Parliament can promulgate or repeal any law it chooses to, whereas no external individual or body can set aside an Act of Parliament. The problem, of course, is that statements of this sort have something of a tyrannical air to them. While, to be sure, Parliament can advance fundamental rights (and the UK comes in with a commen......(short extract)
To download the full answer, please Sign in or Register then make a payment or submit coursework.
Details: - Mark: 67% | Course: Public Law | Year: 1st | Words: 2004 | References: No | Date written: March, 2013 | Date submitted: January 30, 2016 | Coursework ID: 967
