Adam Gearey . Intro to Parliamentary sovereignty

Standard

 

legislation.

main source of law

the other sources are

treaties. rulings of courts

statutes. law making function of Parl.

Parl delegates legislation. This is where Parl lets another body make laws. Railways board was able to make laws about railways such as on trespass

delegate laws to another organisation

this is heart of constitution.

we have to be able to point to a supreme law making body.

Parl is elected. people vote. people have power

will of the people.this underlines the notion of parliamentary sovereignty

law making power of Parl refelcts popular will

law making power of judges

what is the relationship between Parl and judges n terms of fashioning law

Parl is supreme

if Parliament makes a law an a judge makes another one then the statute will overrirde any inconsistent rule of common law i e made by a judge

Parl has ultimate power. judges have subordinate law maing powers

law of human rights

understand contemporary relaity. see it operaitn gin the conyext ot human rights. judges make rulings

Parliament can overrule any law made by judges. this includes overriding rulings on HR made by judges

takes us to present problems

the law of EU

EU law also impacts parliamentary sovereignty. EU law is articulated by ECJ is supreme in member states

law of EU limits parliamentary sovereignty. it overrides inconsistent parliamentary acts

parliamentary sovereignty has to be thought about in this context

there are parameters of parliamentary sovereignty

acts of Parliament. these are produced by Parliament

this needs to be thought about in the light of recent developments

 

 

 

 

Advertisements

About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s