A result of the historical struggle between the Crown and Parliament (culminating in the Bill of Rights 1688), the doctrine is not laid down in statute but is a fundamental rule of common law. The Sovereignty of Parliament or the Rule of Law? Introduction The origins of the principle of parliamentary sovereignty are controversial: some attribute its origins to the early 16th century, when Parliament asserted the supremacy of statute over the Church; more popularly, it is claimed to have arisen in the 17th and 18th centuries, when Parliament asserted the right to name and depose a monarch. However, this traditional model of parliamentary sovereignty is sometimes questioned.
It may not exist in a single text, like in the USA or Germany, but large parts of it are written down, much of it in the laws passed in Parliament - known as statute law.
Rule of law favours Parliamentary sovereignty. It is influenced, however, by a different spirit; it is the heir, in more ways than one, of the Bourbon Monarchy and the Napoleonic Empire. … 15th June 2006 By Vernon Bogdanor, Professor of Government, Oxford University.
15th June 2006 By Vernon Bogdanor, Professor of Government, Oxford University. 3.1.1 One of the key characteristics of the British constitution is the dominance of the legislature, Parliament. example, bears a considerable external resemblance to our own Parliament. Its role gives Parliament absolute power, and authority, over any law. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike.
Those who regard the rule of law as an actual legal principle sometimes argue that it necessarily excludes or overrides any doctrine of legislative sovereignty. Author: Runnymede Borough Council Subject: Leisure and culture Keywords: Magna Carta Lectures, The Sovereignty of Parliament or the Rule of Law? 3.1 A brief overview of parliamentary sovereignty, or ‘parliamentary supremacy’. Created Date: 10/2/2007 4:31:21 … Others, who regard the rule of law as a political ideal or aspiration, sometimes argue that it requires any doctrine of legislative sovereignty to be repealed, and legislative power subordinated to constitutionally entrenched rights. Parliamentary sovereignty and the UK constitution. Simply put, when any piece of legislation is produced and passed by Parliament it will generally be regarded as the highest form of law within the constitutional structure. In brief, parliamentary sovereignty states that Parliament can enact any law whatsoever and the courts may not question an Act of Parliament or rule it to be invalid. An underlying, and as yet unresolved, issue of the Jackson litigation was an irreconcilable tension over what ought to be the ultimate controlling factor in the British constitution: Parliamentary Sovereignty or the rule of law. The doctrine of Parliamentary Sovereignty is the cornerstone, and most fundamental principle, of our British Constitution.
People often refer to the UK having an 'unwritten constitution' but that's not strictly true.