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Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies.It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
Parliamentary sovereignty is a description of the extent to which the Parliament of the United Kingdom has absolute and unlimited power. It is framed in terms of the extent of authority that parliament holds, and whether there are any sorts of law that it cannot pass. [ 1 ]
Parliamentary sovereignty is a concept in the constitutional law of Westminster systems that holds that parliament has absolute sovereignty and is supreme over all other government institutions. The King-in-Parliament as a composite body (that is, parliament) exercises this legislative authority.
The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law. [3] It also recognises that some Acts of Parliament have special constitutional status. [4]
The constitutional principles of parliamentary sovereignty, the rule of law, democracy and internationalism guide the UK's modern political system. The central institutions of modern government are Parliament, the judiciary , the executive, the civil service and public bodies which implement policies, and regional and local governments.
A parliamentary system may be either bicameral, with two chambers of parliament (or houses) or unicameral, with just one parliamentary chamber. A bicameral parliament usually consists of a directly elected lower house with the power to determine the executive government, and an upper house which may be appointed or elected through a different ...
The United Kingdom has a doctrine of parliamentary sovereignty and no entrenched codified constitution, [6] so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries such as the United States, Canada and Australia.
Richard Ekins said the ruling "undermines the rule of law and violates the sovereignty of Parliament". [2] According to Ekins, any judge who deliberately ignored an ouster clause "would warrant removal from office in accordance with the terms of the Senior Courts Act 1981 ".