SUPREMACY OF PARLIAMENT

Supremacy of Parliament

Supremacy of Parliament: British Constitutional Framework

Introduction

The history of political and constitutional framework of the United Kingdom is an in depth case study for legal, political and constitutional academicians. United Kingdom saw its transition from purist Monarchy system that was dictatorial in every sense to a democratic political system that stands on the principles of modern power structures. While a democratic parliamentary system has replaced the dictatorial kingdom, the system is still hybrid in the sense that the Queen Elizabeth II still remains the chief of the state. That said, the Queen does not interfere in decisive affairs and has limited powers. The chief supreme authority remains the parliament that is headed by the Prime Minister and his cabinet. The Queen, however, holds the right to appoint or dismiss the Prime Minster and/ or any other minister. Other power of the Queen include but are not limited to the power to dissolve the parliament, the power to command, commission and deploy the armed forces, the power to declare war and peace, The power to recognize states, the power to grant prerogative mercies and the power to issue and withdraw the passports. Besides, these powers, the power structure include the executive council, the legislative council and the judicial council. Under the principles of the modern constitutional framework of the United Kingdom, the legislative council, that is the parliament, holds the supreme authority.

Despite that the constitution of the United Kingdom holds the legislative council as the supreme council, many global political and constitutional theorists are critical of the powers that still rests with the Monarchy. According to them, the power to dissolve the parliament and dismiss the Prime Minister and/or any other minister(s) is in contradiction with the doctrine of the supremacy of the parliament.

Dicey's Explanation of Parliamentary Supremacy

Born in 1835, Albert Venn Dicey was a British constitutional theorist and a jurist who is known for his view of the supremacy of the legislative council. He wrote a book in 1885 by the name of 'An Introduction to the Study of the Law of the Constitution. The legal and constitutional fundamentals that Dicey laid down in his book are considered to be an implied part of the United Kingdom's constitution to this date.

Dicey was a pioneer in highlighting the supreme law of parliament to make laws regarding anything and dissolve existing laws at any point of time. Dicey challenged the earlier authority of Monarch to make and unmake the laws. According to Dicey, the parliament constituted of three components, namely the King, the House of Commons and the House of Lords. Dicey asserted in his book, that these three components combine to form a parliament and no other individual, institution or government or non governmental body holds any right to overrule the Parliament (McLlwain, 1910, pp. 3-5).

The Power Structure under the Constitution of United Kingdom

The United Kingdom has a comprehensive hierarchal power structure. Each component of this structure holds its own rights and ...