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Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics.
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Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics. As Dicey defined the Principle of Parliamentary sovereignty means neither more nor less than this: namely, that Parliament defined under the English constitution, has 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. According to Barnett (2000) from the definition 3 basic rules can be deduced: - Parliament is the supreme law making body and may enact laws on any subject matter. - No parliament may be bounded by a Predecessor or bind a successor - No person or body, including a court of law may question the validity of Parliament's enactments. Parliamentary supremacy means Parliament can legally enact legislation dealing with any subject matter. Though Parliament cannot change a course...
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