Limitations on Parliamentary Sovereignty in the UK: A Critical Analysis

Authors

DOI:

https://doi.org/10.56384/jes.v39i1.288

Keywords:

UK, Parliamentary supremacy, Limitation Clauses, Common Law, UK Human Rights Act 1998.

Abstract

The article aims to discuss some British parliamentary issues that are directly link with the democratic values, power distribution, limitations, overlapping of national laws with the EU laws before Brexit, and restoration of state sovereignty in the post-Brexit UK. Parliamentary Sovereignty is a doctrine where the parliament wields absolute power and can therefore make and unmake laws. Many scholars argue that the doctrine is the central principle in the UK but by weighing its advantages and its disadvantages, one may assume that it can no longer be regarded as the central element of the constitution. The issue of common law radicalism can also be seen as a limitation to parliamentary sovereignty. The paper also discuss some legal issues of translating Parliamentary Acts by courts and judges. Simultaneously an act count valid on certain circumstances but not applicable when it conflicts with other status.

This article emphasises on the study of factors that limit the most popular dogma. For instances, the UK entering the European Union in 1973, the Human Rights Act 1998, devolution of power to Scottish Parliament and Welsh Assembly, the doctrine of implied repeal, common law radicalism and democracy.

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Published

2023-01-02

How to Cite

Dr. Syed Raza Shah Gilani, Mr. Ashraf Ali, and Ms. Shehla Zahoor. “Limitations on Parliamentary Sovereignty in the UK: A Critical Analysis”. Journal of European Studies (JES) 39, no. 1 (January 2, 2023): 47. Accessed January 30, 2023. https://asce-uok.edu.pk/journal/index.php/JES/article/view/288.