 Parliamentary sovereignty

Parliamentary sovereignty is a legal doctrine that was established in Article IX of 1689 (Bill of rights). It is
the main pillar in British constitution .Parliament is so supreme that it is often said that it can even
legislate to kill all the blue eye babes. Av dicey explained parliamentary sovereignty “The principle of
Parliamentary Sovereignty means neither more nor less than this, namely, that Parliament has, under the
English Constitution, the right to make or unmake any law whatever; and further, that no person or body
is recognised as having a right to override or set aside the legislation of Parliament.”. Due to this power
Parliament is powerful. There are two types of constitution codified and uncodified constitution. UK has
uncodified constitution.

Talking about background of parliamentary sovereignty it was not like today.

Dr Behrman’s case 1610: ~ If any act pass by the Parliament is against the natural equality then house
of lord will make it null and void

Day v savage case 1614 :- If any act pass by the parliament is against the common law it will be consider
as null and void

R V hampolen case 1684 :- If any act is passed by the Parliament which curtailed the powers of Crown
will be consider as null and void.

These cases show that the Parliament was not sovereign before the Glorious revolution (1688).

Glorious Revolution ( Bill of rights) 1688 :-

In the Glories revolution the Royal status was limited and all the supremacy was given to the parliament.
This revolution involved the overthrow of the Catholic king James II, who was replaced by his
Protestant daughter Mary and her Dutch husband, William of Orange. The Glorious Revolution
(1688–89) permanently established Parliament as the ruling power of England—and, later, the
United Kingdom—representing a shift from an absolute monarchy to a constitutional monarchy.

There are three key elements defined by A.v dicey

1. Parliament is so supreme making authority that it can make or unmake any law on any
subject.

Parliament was made so powerful after the Glorious revolution that it can legislate on any thing and no
one has authority to challenge it.

British railway board case :- After this case the idea of challenging the power of Parliament had
become obsolete. If an is passed by the Parliament, the court will not go behind it but only will interpret
it.

Landers burke case :- After this case it was made clear that it doesn’t matter how much an immoral an
act is if passed by the Parliament it will be implemented .

These cases show that Parliament is absolutely a supreme authority and can enact any law.

Limitations of Parliament
Taking about the limitations of Parliament, there is no legal limitations of Parliament it has a free hand
to make any law on any subject. But there is a political limitation of Parliament. If Parliament legislate
any law which is controversial or immoral or not good for their citizens they can face huge damage while
elections. Rather then this there is no limitations on Parliament even it can legislate against the
international law.

2. No Parliament can be limited by a predecessor or a successor

A particular act of Parliament cannot be entrenched or given an elevated status. No Parliament can
bound their predecessor or successor by legislation.

Manner and form arguments

Firstly manner and form arguments required a set of formal rules before an Act can be passed. Basically
this argument refers towards the way in which statue should be changed. According to this argument
Parliament will do a referendum to pass an act in Parliament. E.g. there need to be 2rd majority in
house of common to amend or repeal any constitution. This theory was later then rejected. The NSW
Parliament came into being after devolution and independence from the UK Parliament, it was not the
Supreme Parliament, therefore they could bind themselves with a manner and form clause. However, the
UK Parliament was a Supreme Parliament and therefore could not be bound by a manner & form clause.

Express repeal

In Express repeal if Parliament want to end an act they have to expressly end it. Statue expressly
mentions that earlier law is no longer applicable so it will not operate from now. In Express repeal
Parliament can amend any content of any statute with simple majority.

Acts like HRA ( human rights act) can’t be implied repeal it can only be expressly repealed.

Implied repeal

In implied repeal If there is conflict between two acts of Parliament you don’t have to express to end an
act instead simply new act will be followed and pervious act will considered as repeal #case reference
( Ellen Street Estate).

3. No court or authority can declare any act pass by the parliament null and void.

Enrolled Act rule:- Once a bill becomes an act the court can interpret it but can’t challenge the validity
of the act of Parliament which has received the Royal assent.

Burma oil company V lord advocate case :-

After the defeat British army destroyed Burma oil company and house of lord gave the decision in the
favour of oil company so Parliament over ruled it.

“ Parliament is so supreme and powerful that it can legislate retrospectively “.

No other person or body may question the validity of the act or declare it unlawful. The courts cannot
overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.

“Parliament is so sovereign and powerful that it can legislate against the international law”.

International law has no influence on British Parliament . If Parliament want to legislate against the
international law they can without an hesitation.

 Submitted by Abdul Rahman Zahoor