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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.
This is the origin of the doctrine of parliamentary sovereignty and is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy".
The House of Lords allowed the appeal. Lord Steyn gave the leading judgment. Lord Hoffmann agreed with Lord Steyn and said the following. [note 1]Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
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]
Parliament was recognised as a forum for the King for "common counsel" in Magna Carta, sealing a tradition going back to the Anglo-Saxon Witan. The principle of a "democratic society" is generally seen as a fundamental legitimating factor of both Parliamentary sovereignty and the rule of law.
Parliament has also devolved significant powers to the Northern Ireland Assembly, Scottish Parliament and Senedd Cymru. Because of its sovereignty, it is free to overrule or even abolish these institutions (a recent instance when it did was the Northern Ireland (Executive Formation etc) Act 2019).
By the 20th century, the British monarchy had become a constitutional and ceremonial monarchy, and Parliament developed into a representative body exercising parliamentary sovereignty. [2] Initially, the constitutional systems of the four constituent countries of the United Kingdom developed separately under English domination.
Yuan Yi Zhu, a Stipendiary Lecturer in Politics at Pembroke College, Oxford, argued that this was a misunderstanding by parliamentary authorities due to ambiguity in the judgment, ironically implicating the sovereignty of Parliament contrary to Article IX of the Bill of Rights 1689 and the enrolled bill rule; Zhu suggested a short bill should ...