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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, 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.
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 ...
In this way the courts of the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document. Lord Hobhouse gave a concurring opinion.
R (Jackson) v Attorney General [2005] UKHL 56 is a House of Lords case noted for containing obiter comments by the judiciary acting in their official capacity [note 1] suggesting that there may be limits to parliamentary sovereignty, the orthodox position being that it is unlimited in the United Kingdom.
Following the United Kingdom European Union membership referendum in 2016, the Bill of Rights was cited by the Supreme Court in the Miller case, in which the court ruled that triggering EU exit must first be authorised by an act of Parliament, because doing so would abrogate rights secured by an Act of Parliament (namely, rights of EU citizens ...
According to Lord Bridge "whatever limitation of its sovereignty Parliament accepted when it enacted the [1972 Act] was entirely voluntary". [89] It is, therefore, the courts' duty, until Parliament expresses a clear will to leave the EU on certain terms, to apply EU law.
This article is part of a series on Politics of the United Kingdom Constitution Magna Carta Bill of Rights Treaty of Union (Acts of Union) Parliamentary sovereignty Rule of law Separation of powers Other constitutional principles The Crown The Monarch (list) King Charles III Heir apparent William, Prince of Wales Royal family Succession Prerogative Counsellors of State Republicanism in the ...