Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
Words: | Submitted: Mon Apr 05 2004
... of governance. Our constitution is based on the Doctrine of Parliamentary Sovereignty which establishes that Parliament is the supreme legal authority; only Parliament can make or repeal law. The judges are tied to this doctrine, as their role is only to interpret legislation ensuring adherence to the will of Parliament. Essentially, the judiciary are the "guardians of the constitution" as ordinary courts, not specialised constitutional courts as in the USA, deal with constitutional issues. Parliamentary sovereignty together with the judiciary, underpins the democracy of the UK, and prevents the abuse of power. The HRA raises some issues pertaining to the supremacy of Parliament, and a dilemma is seen under s.21, which defines primary legislation. As expected, this includes public acts, local and personal acts, private acts, however, surprisingly included are Orders in Council under Her Majesty's Prerogative. The definition of primary legislation is paramount, as the HRA allows courts to set ...
FREE access exchanged for your work, or pay £9.99