PARLIMENTARY SUPREMACY & CONSTITUTIONAL REFORM

Question 1

TWO MAIN SUPREMACY STRUCTURES

Answer 1

• Constitutional supremacy
  ~ judicial control
  ~ less popularly democratic possibly more protective of minorities
• Parliamentary supremacy
  ~ political control
  ~ more popularly democratic less protective of minorities

Question 2

CONSTITUTIONAL SUPREMACY

Answer 2

• a law of higher constitutional order than other forms of law determining legality of law and state action
• not linked to state structure but associated with written constitutions bills of rights
• linked to legal mechanisms for limiting state power
• linked with spreading rather than concentrating power and social contract theory
• emanates from a rights based culture

Question 3

PARLIAMENTARY SUPREMACY

Answer 3

• based in the power of the legislature to pass law without let or hindrance from other parts of state
• not easily compatible with written constitutions unless the legislature alone can amend constitution
• usually associated with uk legal tradition although no need for parliamentary executive constitutions or constitutional monarchies
• linked to political mechanisms for limiting state power and to democratic accountability To electorate via representative democracy
• emanates from liberties rather than rights based culture