Topic > Spvereighty Parliamentary Constitution in the United Kingdom

Parliamentary sovereignty is one of the most significant factors in the Constitution of the United Kingdom and makes Parliament the most powerful legal force, dominating itself. It involves the legal relationship between the courts and Parliament and has remained a traditional value for many centuries, and its doctrine is what makes their system different from other widely spread states. However, although Parliament has its strength, it also has a certain lack of power to control and amend the Acts of the European Union, which tends to overwrite them; such as the European Communities Act 1972 and the Human Rights Act 1998. This article will define and compare the impacts of both the Human Rights Act 1998 and the European Communities Act 1972, showing both similar and contrasting effects on the doctrine of parliament parliamentary sovereignty. Human rights brings significant benefits for the UK, as it focuses on the institutions of states to separate control, which can be seen as an important fact when there is a powerful doctrine of parliamentary sovereignty. Human rights law does not allow courts to make primary laws that violate the Convention. This is not considered to affect parliamentary sovereignty as parliament is still able to pass laws in the UK courts, although they may be incompatible. Since international tribunals exist; which constitutes the principles of Human Rights; strengthens the national judiciary and the freedom of individuals. The Human Rights Act 1998 is a law that protects the rights and freedoms of every individual in most legal situations. It limits the action of Acts of Parliament in the UK and has an impact on court decision-making and situations…… middle of paper……l, and their impact on the doctrine of parliamentary sovereignty is also evident. Both focus their regulations on individuals as well as on rights. Both retain a role in the British constitution; however in both cases the parliament does not have the control to change any part of it as the EU supremacy has gained a stronger voice in the legal system. Both balance the doctrine. Although there are common and similar points between the European Communities and Human Rights Law, it can be seen that there are also many conflicts, different actions and different impacts on the doctrine of parliamentary sovereignty. Where human rights law is a general necessity for individuals, European Communities Law believes it should have the more effective dominion of the sovereignty of parliament, when appropriate..