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“In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, it will reduce such sovereignty to almost nothing.” Discuss.
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"In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, it will reduce such sovereignty to almost nothing." Discuss. Parliamentary sovereignty is one of the pillars of the UK's unwritten constitution. It is often elucidated by reference to the orthodox Diceyan view which provides that Parliament is the supreme legislative authority in English law. In opposition, other forms of Parliamentary sovereignty have been posited, such as the "common law approach" and "pluralist approach" (Armstrong, 2003). But by far, the most sustained attack on Dicey's views has come with the argument that a Parliament may limit its successors as to "manner and form" (Sir Ivor Jennings, 1959). Despite criticism from Sir Ivor Jennings, among others, Dicey and his analysis of this fundamental constitutional rule have retained a notable influence in public law. Thus, it seems appropriate that his interpretation is applied when examining the effects of the Human...
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