Dicey's explanation of Parliamentary Supremacy and the Modern Constitutional Framework of the United Kingdom

Dicey's explanation of Parliamentary Supremacy and the Modern Constitutional Framework of the United Kingdom

Introduction

Sovereignty of the parliament is the foundation stone of the United Kingdom constitution. It is articulated during the realm of William and Marry to provide UK parliament dominance and put the majestic rights under the parliament. According t o Dicey, the supremacy held in the hands of UK Parliament and during the British Empire. Dicey asserted that UK Parliament might formulate and modify laws, which they want to. In addition, stated that no court has the right to raise question or stop any act emanating from Parliament. The Dicey explanation of parliament supremacy asked for ultimate legitimate legal authority of Parliament. The purpose of this paper is to critically evaluate Dicey's explanation of Parliamentary Supremacy in today's contemporary framework of the UK.

Discussion

Dicey Explanation of Parliament Supremacy

Dicey asserted that “the rule of parliament supremacy refers not more or less than this: explicitly that the parliament therefore, explained has, under the UK constitution, the right to formulate or make amendments in any law; moreover, no body or individual recognised by UK law has the right to condemn or override the legislation of Parliament...”

In the light of the above explanation offered by Dicey, parliament supremacy entails three key features: the supremacy is held by the parliament who can make laws and can pass any laws on any issue; no parliament can be bind a successor or bound a predecessor; and no body or person includes a courts may criticise or raise question on law's validity.

Analysis

At the outset, there is no restriction on issue where parliament can legislate. In a metaphoric view, Dicey's explanation depicts that the parliament can ratify a law, such as banning smoking on public places or hanging person without an offense. Such instances signify that the extent of parliament supremacy exercised by the parliament of the United Kingdom. Across the UK history, UK Parliament has endorsed the law to modify and its official terms, to reconstitute and abolish itself as a distinct legislative institution, to revise its own authority and to modify the throne succession. It seems that the parliament supremacy was even broader that it legislated with additional territorial effect and retrospective effect.

As regards to Dicey's explanation of parliament supremacy, another aspect refers that it cannot be binds its successors and predecessors cannot bind it. The framework by which the UK court offer effect to that law is commonly known as Doctrine of implied Repeal. In accordance with this doctrine, UK courts should offer effect to the most recent term of sovereign will, together with they do not have free hand to apply the previous statue. For example, in case of Ellen Street Estate Ltd v Minister of Health and Vauxhall Estates Ltd v Liverpool Corporation demonstrated the principle in place. All cases illustrated same facts, such as in case of Vauxhall Estate, under the Housing Act 1925, ...