The place of the doctrine of parliamentary sovereignty in the Essay - 1

The place of the doctrine of parliamentary sovereignty in the government of the United Kingdom has changed in recent years and the process of change will continue during the present century Discuss - Essay Example judiciary and the political branch of the government, has rendered it very important to prevent the concentration of power in any single branch of the government (Warren 6). A.V. Dicey originated the concept of parliamentary sovereignty. This doctrine was accorded considerable significance in Britain and her former colonies. The concept of parliamentary sovereignty entails two ideas. First, Parliament is the apex entity that can enact or rescind any law, irrespective of its nature. Second, no other entity can challenge or set aside a law made by the Parliament. However, the doctrine of parliamentary sovereignty has been frequently contested by judges and the legal profession in the UK, New Zealand and Australia (Warren 5). Dicey has also stated that the rule of law, eliminated uncertainty, prerogative and wide discretionary authority, and established the predominance of the standard law. Moreover, the rule of law, does not permit any entity to be exempted from the duty to obey the law (Lewans 83). Moreover, parliamentmentary sovereignty implies that Parliament can make or unmake any law irrespective of whether such a course of action breaches international laws or the principles of common law. Domestic courts, are required to enforce the laws made by Parliament (Fabunmi and Araromi, 196). In order to achieve the status of an Act, a bill has to receive a majority of the votes in the House of Commons, as well as the House of Lords. Thereafter, Royal Assent has to be accorded to this bill. In the context of the aforementioned majority of the votes, a bill becomes an Act, even if it is passed by a majority of one vote. The nature of the law passed by Parliament, irrespective of whether it is a constitutional law or an ordinary law, is not subject to any distinction (Loveland 24). This is an important facet of parliamentary sovereignty. The legislation passed under an Act of Parliament, is of equal status as legislation passed in the normal course. This important