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Parliamentary sovereignty

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TawsifAnik1

Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.

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A Presentation on Parliamentary Sovereignty Course Title-Principles of Constitutional Law of the U.K.,U.S.A and India Course No: LJ-2205 Presented To: Md. Tarik Morshed Lecturer Law Discipline Khulna University. Researcher and Speaker: 1. Amit Debnath (182809) 2. Khadiza Khatun (182816) 3. Rashida Jahan Disha (182817) 4. Tawsif Anik (182836) 2nd Year, 2nd Term Law Discipline Khulna University
What is parliament? • A group of elected people • who makes law • Who discusses about public affairs • Who checks the work of the government.  Britain is a parliamentary monarchy. The British Parliament is a bicameral parliament, that is to say that it is made up of two chambers or two "Houses"; above the two Houses, but in an essentially formal role, there is the Sovereign - king or queen – also known as "the crown."
Parliament of U.K.  The Crown: • The British monarch has all authority, but no power. • The Crown appoints the Prime Minister. • The major function of the Crown "royal assent". • weekly meeting with the Prime Minister.  The House of Lords: • This is the "Upper House of the British Parliament. • It consists of about 750 members most of whom are the life Peers. • The house of lords is currently a non-elected chamber. • The member of the House of Lords consist of Lords Spiritual and Lords Temporal. • All the bills from the House of Commons are approved quickly by the House of Lords • The House of Lords use of his prerogative in exceptional cases.
Parliament of U.K.  The House of Commons: • The House of Commons is the main House of the legislative power. • It is a chamber composed of 650 members . • The duration of a Parliament is five years. • The member of the house of commons is elected by public. • Most of the 'Public Bills, Money Bills, which are introduced by a government minister and change the general law.
Parliamentary Sovereignty The word ‘sovereignty’ basically means control or authority. So, the term “Parliamentary Sovereignty” means that the parliament has absolute control and it is supreme over all other Governmental institutions. It is also called legislative supremacy. Parliamentary sovereignty holds that the parliament may change or repeal any previous legislation and so it is not bound by written law ( even a constitution) or by precedent. Definition of A. V. Dicey Example: Many states have sovereign legislature, including the U.K, Finland, Sweden, Netherland, New Zeeland, Norway, Denmark, Iceland.
Parliamentary Sovereignty cont… Characteristics of parliamentary sovereignty: Uncodified and flexible constitution.  Generally, there is no Judicial review.  No authority, court or branch which can declare any law passed by the parliament void or illegal.  Parliament can modify or change any law.  Parliament exercises unlimited power in making or modifying law.
Parliamentary Sovereignty  Three key rules of Dicey: 1) Parliament can make or unmake any law:  There is no subject matter on which parliament can not make law.  Burmah Oil Company vs. Lord Advocate 2) Parliament can not bind its successor  Each parliament will enjoy the same unlimited power as any parliament before it.  No parliament can enact rules which limit future parliament.  Vauxhall Estate Ltd v. Liverpool Corporation(1932)
Parliamentary Sovereignty 3) No one can question parliament's law  Court or any other legal body can not question the validity of a law enacted by parliament. The Court can give suggestions.  British Railways Board v. Pickin (1974)
How much sovereign is the parliament of U.K.? Parliament has the ultimate political authority. Local government and public bodies are granted or removed by parliament. All new primary legislation must be passed by the parliament. Ship Money Case (1637) Secondary legislation made by ministers can be overruled by parliament. The court can’t question to the Acts passed by the parliament. Chief Justice Coke’s opinion in Dr. Bonham’s Case (1610) Lord Rein’s opinion in Pickin vs. British Railway Board.(1974)
How much sovereign is the parliament of U.K.? Cont… • There are factors that affect the supremacy of parliament- 1.Devolution of power to Scottish parliament and Wales assembly. 2.The developments including integration of U.K. with EU. 3. The Human Rights Act, 1998.
Comparison of sovereignty between U.K. and Bangladeshi parliament In case of types of supremacy. In case of law making. In case of check and balance. In case of bound by its predecessor.

More Related Content

Parliamentary sovereignty

  • 1. A Presentation on Parliamentary Sovereignty Course Title-Principles of Constitutional Law of the U.K.,U.S.A and India Course No: LJ-2205 Presented To: Md. Tarik Morshed Lecturer Law Discipline Khulna University. Researcher and Speaker: 1. Amit Debnath (182809) 2. Khadiza Khatun (182816) 3. Rashida Jahan Disha (182817) 4. Tawsif Anik (182836) 2nd Year, 2nd Term Law Discipline Khulna University
  • 2. What is parliament? • A group of elected people • who makes law • Who discusses about public affairs • Who checks the work of the government.  Britain is a parliamentary monarchy. The British Parliament is a bicameral parliament, that is to say that it is made up of two chambers or two "Houses"; above the two Houses, but in an essentially formal role, there is the Sovereign - king or queen – also known as "the crown."
  • 3. Parliament of U.K.  The Crown: • The British monarch has all authority, but no power. • The Crown appoints the Prime Minister. • The major function of the Crown "royal assent". • weekly meeting with the Prime Minister.  The House of Lords: • This is the "Upper House of the British Parliament. • It consists of about 750 members most of whom are the life Peers. • The house of lords is currently a non-elected chamber. • The member of the House of Lords consist of Lords Spiritual and Lords Temporal. • All the bills from the House of Commons are approved quickly by the House of Lords • The House of Lords use of his prerogative in exceptional cases.
  • 4. Parliament of U.K.  The House of Commons: • The House of Commons is the main House of the legislative power. • It is a chamber composed of 650 members . • The duration of a Parliament is five years. • The member of the house of commons is elected by public. • Most of the 'Public Bills, Money Bills, which are introduced by a government minister and change the general law.
  • 5. Parliamentary Sovereignty The word ‘sovereignty’ basically means control or authority. So, the term “Parliamentary Sovereignty” means that the parliament has absolute control and it is supreme over all other Governmental institutions. It is also called legislative supremacy. Parliamentary sovereignty holds that the parliament may change or repeal any previous legislation and so it is not bound by written law ( even a constitution) or by precedent. Definition of A. V. Dicey Example: Many states have sovereign legislature, including the U.K, Finland, Sweden, Netherland, New Zeeland, Norway, Denmark, Iceland.
  • 6. Parliamentary Sovereignty cont… Characteristics of parliamentary sovereignty: Uncodified and flexible constitution.  Generally, there is no Judicial review.  No authority, court or branch which can declare any law passed by the parliament void or illegal.  Parliament can modify or change any law.  Parliament exercises unlimited power in making or modifying law.
  • 7. Parliamentary Sovereignty  Three key rules of Dicey: 1) Parliament can make or unmake any law:  There is no subject matter on which parliament can not make law.  Burmah Oil Company vs. Lord Advocate 2) Parliament can not bind its successor  Each parliament will enjoy the same unlimited power as any parliament before it.  No parliament can enact rules which limit future parliament.  Vauxhall Estate Ltd v. Liverpool Corporation(1932)
  • 8. Parliamentary Sovereignty 3) No one can question parliament's law  Court or any other legal body can not question the validity of a law enacted by parliament. The Court can give suggestions.  British Railways Board v. Pickin (1974)
  • 9. How much sovereign is the parliament of U.K.? Parliament has the ultimate political authority. Local government and public bodies are granted or removed by parliament. All new primary legislation must be passed by the parliament. Ship Money Case (1637) Secondary legislation made by ministers can be overruled by parliament. The court can’t question to the Acts passed by the parliament. Chief Justice Coke’s opinion in Dr. Bonham’s Case (1610) Lord Rein’s opinion in Pickin vs. British Railway Board.(1974)
  • 10. How much sovereign is the parliament of U.K.? Cont… • There are factors that affect the supremacy of parliament- 1.Devolution of power to Scottish parliament and Wales assembly. 2.The developments including integration of U.K. with EU. 3. The Human Rights Act, 1998.
  • 11. Comparison of sovereignty between U.K. and Bangladeshi parliament In case of types of supremacy. In case of law making. In case of check and balance. In case of bound by its predecessor.