Parliament No Longer Reigns Supreme In Constitution, Discuss In Relation To Human Rights Act 1998 Flashcards
Discuss the statement
The statement that parliament no longer reigns supreme in the uk constitution has been a long standing principle, often referred to as parliamentary sovereignty.
State what the principle of parliament reigning supreme is
This principle essentially means parliament has the power to make or unmake any law and that no other body, including the courts, can overrule or questions its decisions.
What does the human rights act 1998 (HRA) principle do
The enactment of the human rights act 1998 challenges the parliament reigning supreme principle so it can be argued the parliament no longer reign supreme in the UK constitution
What did the HRA incorporate
The HRA incorporated the European convention on human rights (ECHR) into uk law. This means that individuals can rely on the rights protected by the convention in domestic courts. The HRA also gave UK courts the power to interpret legislation in a way that is compatible with ECHR, and if they find that a particular law is incompatible, they can issue a declaration of incompatibility.
What power has the HRA act given courts over parliament
The development of the HRA has given rise to the concept of judicial review, which allows the courts to scrutinise and potentially strike down laws passed by parliament if they are deemed to be incompatible with the ECHR. In other words, the courts now have the power to question and potentially override decisions made by parliament if they are found to be in breach of human rights.
What is the controversy surrounding the shift in power from parliament to the courts
The shift in power has not been without controversy, some argue that it undermines the principle of parliamentary sovereignty. They argue by giving the courts the power to strike down laws passed by parliament, the HRA has transferred a significant amount of power away from the democratically elected representatives and into the hands of unelected judges.
What is the supportive view of the HRA
Supporters of the HRA argue that this development is necessary to protect the human rights of individuals and ensure the UK remains complaint with its international obligations. They also argue the judicial review is an important mechanism for holding parliament accountable and ensuring that it operates within the bounds of the law and the constitution.
Conclude the HRA effect on parliament no longer reigning supreme in the UK constitution
In conclusion, the HRA has certainly challenged the traditional principle of parliamentary sovereignty in the UK, by giving the courts the power to scrutinise and potentially strike down laws passed by parliament if they are found to be incompatible with human rights. While this shift in power has been controversial, it is an important development in protecting the rights of individuals and ensuring that parliament operates within the bounds of the constitution and the law.
