Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 words

parliamentary Sovereignty - Essay ExampleThey are appointive is for six term of office of six years through the term is renewable. The power of the ECJ defined in term 243. The Member States mainly, but not exclusively, in exercising its jurisdiction under Articles 173, 177 and 228(6).2The sovereignty of Parliament is the dominant characteristic of our political institutions. Sir. A. V. Dicey expressed it as cornerstone of the constitution and he has introduced of this philosophical system of PS. These areThis rule means that the Parliament can make or unmake any legal philosophy. Parliament may grant independence to dependent states whether dominions or colonies. For example The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979.2. No Parliament may be bound by its predecessor or bind by its successor The doctrine of repeal is the idea that supports this theory. Now any Act of Parliament can expressly or impliedly repeal any law. So, this power of Parliament s upport Diceys this theory as Parliament is not being bound any Parliament before it. However, by Acts of Union, the law making power of UK and Scotland was structured that was maintained for more than 300 years. Acts of Union and the Grand of independence oppose this theory.This doctrine states that an Act will be accepted by Courts provided it was made by proper procedure. So, no one can question about its validity. But it is seen that citizens i.e. ... Before 1688 settlement judges proclaim an Act invalid because of its conflicts with a law of higher statues. In Pickin v British trainway Board, Lord Read said that although, previous laws contrary to the law of God or the nature or natural justice can be said to be invalid,The comments of Lord Denning in McCarthys v Smith, and Lord Diplock in Garland v British Rail Engineering Ltd provides an analogy for arguing that the HRA could be repealed if Parliament wished. It cannot be an entrenched bill of Rights, but where a Sex Discrim ination Act 1975 appeared inconsistent with Article 141(then Article119) EC (equal pay). However, HL was able to construe the provision in a manner consistent with Article.3The influence between of the European court in the instruction of Community law, and the influence of domestic courts in the growing of English law, on the other hand. Lord Diplocks dictum in the GCHQ is testament to the influence of the courts in the development of administrative law. His Lordship stated English law relating to judicial control of administrative action has been developed upon a case-to-case basis which has virtually transformed it over the cash in ones chips three decades.In Les Verts the Court referred to the Treaty as the basic constitutional charter of the Community and came to the conclusion that, although the Parliament was not mentioned as a affirmable defendant in Article 173, binding measures adopted by it were subject to judicial review. The Court stated that by Articles 173, 184 an d 177 the Treaty intended to establish a complete system of legal remedies. Les Verts is a prime example of dynamic interpretation, an approach typical of the interpretation.The current British position is found