RULE OF LAW AND PARLIAMENTARY SOVEREIGNTY

Rule of Law and Parliamentary Sovereignty





“If the Rule of Law Has No Legal Force Then It is nothing more Than an Unenforceable Aspiration so Long as Parliament is Sovereign”

Introduction

A Sovereign parliament is a conception which is central to the constitution of UK. It can be fairly called the constitution's cardinal rule. In “An Introduction to the Study of the Law of Constitution,” Professor A.V. Dicey wrote, “The sovereignty of Parliament is (from a legal point of view) the dominant characteristic of our political institutions.”

The government and the governed, both ought to be bound by the law. In other words, no man is above the law. Except when the rulers are also bound by the law, than in the rule of law there is no binding legal or moral force and as a result, the law becomes a sham. In some Pacific states, there is a common problem that the laws do not bind their lawmakers. The legal and moral force of the law is lost which makes the rule of law a disguise or mask for those in the government with ungoverned power.

Rule of Law and Parliamentary Sovereignty

The House of Lords, House of Commons and the Sovereign make up the Parliament. There are 650 members in the House of Commons, whom the people elect through the constituencies' single member under the first part of the post systems. In accordance with the 1999 Act of the House of Lords, there are 26 bishops from Church of England (Lords Spiritual) in the House of Lords. Along with the bishops, there are 92 representatives who are elected from the hereditary peers as well as, hundreds of life peers. The authority for the nomination of the Church of England's bishops and for the creation of the life peers and hereditary belongs to the Sovereign who fulfils this responsibility with the help of Prime Minister's advice. In accordance to the 1911 and 1949 Acts of Parliaments, without the consent of the House of Lords, the legislation can be passed in some situations.

The lone power for passing the movement of no confidence in the Government belongs to the House of Commons. This act forces the Government to hold recent elections or resign. This movement or act does not need Lords or Royal Assent's passage or approval.

Another authority of the parliament is that it has the authority to remove any Government's member through impeachment (the impeachment started by the Commons and Lords trying the case). However, this authority had not been used since 1806. According to the 2005 Act of Constitutional Reform, the parliament has the authority to remove any judge due to misconduct. The Parliament has the authority to pass legislation as it pleases according to the Parliamentary sovereignty doctrine. However, in contrast to this, in those countries which have a constitution which is codified it is forbidden for the parliament to pass any legislature which oppose that constitution. The amendments and modification of a law have to go through ...