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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.
Erskine May (full title: Erskine May: Parliamentary Practice, original title: A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament) is a parliamentary authority originally written by British constitutional theorist and Clerk of the House of Commons, Thomas Erskine May (later the 1st Baron Farnborough).
The terms "parliamentary sovereignty" and "parliamentary supremacy" are often used interchangeably. The term "sovereignty" implies a similarity to the question of national sovereignty. [4] While writer John Austin and others have looked to combine parliamentary and national sovereignty, this view is not universally held.
May's most famous work, A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament (now popularly known as Erskine May: Parliamentary Practice or simply Erskine May), was first published in 1844. The book is currently in its 25th edition (2019). It is informally considered part of the constitution of the United Kingdom.
The Glorious Revolution of 1688 confirmed Parliament's supremacy over the monarch, represented by John Locke's Second Treatise on Government (1689). This laid the foundations for a peaceful unification of England and Scotland in the Act of Union 1707 .
(London, Houses of Parliament. The Sun Shining through the Fog by Claude Monet, 1904). Parliament (from old French, parler, "to talk") is the UK's highest law-making body.. Although the British constitution is not codified, the Supreme Court recognises constitutional principles, [10] and constitutional statutes, [11] which shape the use of political power. There are at least four main ...
In the book, he defined the term constitutional law as including "all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state". [7] He understood that the freedom British subjects enjoyed was dependent on the sovereignty of Parliament , the impartiality of the courts free from governmental ...
The phrase Fundamental Laws of England has often been used by those opposing particular legislative, royal or religious initiatives.. For example, in 1641 the House of Commons of England protested that the Roman Catholic Church was "subverting the fundamental laws of England and Ireland", [3] part of a campaign ending in 1649 with the beheading of King Charles I.