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Has Parliamentary sovereignty survived the UK's membership of the European Community/European Union and the effects of the Human Rights Act 1998? Parliamentary sovereignty is the 'basic principle' of the UK's unwritten constitution (Loveland, 2003, p.21). One of the sources used in describing this concept is Dicey's (1961) legal theory, which splits Parliamentary sovereignty into two limbs. The positive limb articulates that "Parliament has the right to make or unmake any law whatever", while the negative limb expresses that "no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament" (p.3). Thus, the doctrine of Parliamentary sovereignty can be summarised as follows: Parliament may pass legislation concerning anything; it neither bind its successors nor be bound by its predecessors; and only Parliament can change or reverse an Act of Parliament. Wade (1955) extended this by stating that the only...

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