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PARLIAMENTARY SOVEREIGNTY IS MORE ABOUT THE COURTS THAN IT IS ABOUT PARLIAMENT
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PARLIAMENTARY SOVEREIGNTY IS MORE ABOUT THE COURTS THAN IT IS ABOUT PARLIAMENT. 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). The argument we find ourselves trying to answer is who in fact has the supreme power? Is it the law makers or those who must apply the law? To present an analogy of the problem we could ask who has supreme power in a game of football or rugby. Is it the governing body who make the rules or is it the referee who must apply the rules in each...
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