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When we talk about 'Parliament' and 'parliamentary sovereignty' what exactly do we mean?
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When we talk about 'Parliament' and 'parliamentary sovereignty' what exactly do we mean? Firstly we must take the word 'Parliament' to mean not the actual Houses of Parliament themselves but instead the Acts passed by Parliament with the consent of the Commons, Lords and the Queen. The doctrine of parliamentary sovereignty is about the relationship between those who create the Acts (Parliament) and those who must apply them (courts). When Dicey published The Law of the Constitution in 1885 he identified parliamentary sovereignty as meaning that, 'Parliament has, under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament.' To look at this much quoted statement in more detail we can find a lot of evidence to support his view. It has...
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