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Other Papers on :Constitutional Law

Other Papers on :European Union (EU) Law

S/L/137. Principles of the British Constitution

(2007, 1500 words)

"The sovereignty of Parliament and the supremacy of the law of the land Ï the two principles which pervade the whole of the English constitution Ï may appear to stand in opposition to each other, or to be at best only counterbalancing forces. But this appearance is delusive; the sovereignty of parliament, as contrasted with other forms of sovereign power, favours the supremacy of law, whilst the predominance of rigid legality throughout our institutions evokes the exercise, and thus increases the authority, of Parliamentary sovereignty, " AV Dicey, "An Introduction to the study of the Law of the constitution" 10th edition, London Macmillan, 1967, (p.406). This was Dicey's opinion 120 years ago. What is the situation today as regards the relation between "the two pervasive principles of the constitution", Parliamentary sovereignty and the rule of law (or supremacy of law)? The paper examines the principles of the British constitution discussing parliamentary sovereignty in law making and arguing whether it is limited by the European Court of Justice, the Human Rights Act, etc. The ideas of A.V. Dicey on the law of the constitution are reviewed.



 
   
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