Critically Disucss The Statement Westminister Parliament Remains Supreme In The Uk In Realtion To Eu Law And Section 3 Of The Human Rights Act Flashcards
Explain the statement westminister parliament remains supreme in the uk
The statement that the westminster parliament remains supreme in the uk means parliament has the ultimate power to make and unmake and law, and that no other body or institution can override or challenge the authority of parliament. This principle is known as parliamentary sovereignty, and it has traditionally been a fundamental feature of the uk’s constitutional system
What developments have challenged the principle of parliamentary sovereignty
The principle of parliamentary sovereignty has been challenged in recent years by two developments, the uks membership of the European Union, and the enactment of the human rights act
Explain in regards to eu law the principle of parliamentary sovereignty
With regards to eu law the uks membership of the eu meant that parliament was required to give effect to eu law. This was because of the principle of supremacy of eu law, which held that eu law took precedence over national laws, including those enacted by parliament. As a result, parliaments sovereignty was constrained by the need to comply with eu law. However after the uks withdrawal from the European Union, parliament regained its fully sovereignty in relation to the making of laws. The European communities act was repealed by the European Union withdrawal act so eu law no longer takes precedence over national laws enacted by parliament
Explain the principle of parliamentary sovereignty in relation to the human rights act
This legislation incorporated the European convention on human rights into the uk law and gave uk courts the power to interpret and apply the convention in domestic law. Section 3 of the human rights act requires uk courts to interpret legislation, so far as it is possible to do so in a away that is compatible with the echr. This means that parliaments sovereignty is limited to the extent that it must ensure that its laws are compatible with the echr. However it does not give the uk courts the power to strike down or invalidate legislation enacted by parliament, nor does it allow uk courts to override the decisions of parliament. If a uk court finds that a law is incompatible with the echr, it can issue a declaration of incompatibility but it is ultimately up to parliament to decide whether to amend or repeat the law.
Summarise the principle of parliamentary sovereignty
While the principle of parliament sovereignty remains a fundamental feature of the uk’s constitutional system, it has been subject to some limitations in relation to eu law and the humans rights act. However following the uks withdrawal from the eu, parliaments sovereignty has been restored in relation to the making of laws. The human rights act continues to impose some limits on parliaments sovereignty, but it does not give uk courts the power to override or invalidate legislation enacted by parliament.
