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Would you argue that Parliamentary Supremacy has not died; it has simply evolved with the times, a key feature of the unwritten British constitution?
Member rating: No Rating | Words: | Submitted: Wed Oct 13 2004
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"Proponents of the traditional theory [of Sovereignty]...begin with the proposition that any statute passed by Parliament will be recognised by the courts, and implicitly assume...that the manner of passage is by simple majority. This is said to be the ultimate legal principle, the rule of recognition, of our legal system." According to Dicey's quote above, the very cornerstone of the Constitution is that Parliament is the sovereign or supreme legislative authority in our state. The proposition that 'any statute passed by Parliament will be recognised by the courts' consists of three main elements, i.e. the enrolled bill rule, the implied repeal rule and that there is no limit to an Act's territorial extent. The enrolled bill rule means that no one may declare the validity of an Act of Parliament, even though the early common law courts attempted to declare an act invalid in Dr Bonham's case. This right was never recognised...
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