Parliamentary supremacy: Difference between revisions
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'''Parliamentary supremacy''' is the principle in the law of the [[United Kingdom]] that [[parliament]] is supreme to all other governmental institutions in the United Kingdom include the [[monarch]] and the [[court]]s. The principle of parliamentary supremacy was established over the 17th and 18th centuries during which time parliament asserted the right to name and depose a king. |
'''Parliamentary supremacy''' is the principle in the law of the [[United Kingdom]] that [[parliament]] is supreme to all other governmental institutions in the United Kingdom include the [[monarch]] and the [[court]]s. The principle of parliamentary supremacy was established over the 17th and 18th centuries during which time parliament asserted the right to name and depose a king. |
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Parliamentary supremacy prevents [[judicial review]] of local domestic law. However in the late 20th and early |
Parliamentary supremacy prevents [[judicial review]] of local domestic law. However in the late 20th and early 21st century, the theory of parliamentary supremacy underwent erosion from two directions. The first is the [[devolution]] of power to local assemblies in Scotland and Wales. In this situation the legal theory has been maintained that the parliament in London maintains supremacy but chooses not to use it in certain legislation involving Scotland and Wales. The second erosion has been in connection with institutions of the [[European Union]], in particular the European Court of Human Rights which asserts the power to exercise [[judicial review]] over UK law. In this situation, an adverse finding by the Court that a UK law is inconsistent with treaties that the UK has acceded to does not automatically annul the law, but rather brings the issue before Parliament which actually removes the law. |
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Revision as of 20:27, 24 October 2002
Parliamentary supremacy is the principle in the law of the United Kingdom that parliament is supreme to all other governmental institutions in the United Kingdom include the monarch and the courts. The principle of parliamentary supremacy was established over the 17th and 18th centuries during which time parliament asserted the right to name and depose a king.
Parliamentary supremacy prevents judicial review of local domestic law. However in the late 20th and early 21st century, the theory of parliamentary supremacy underwent erosion from two directions. The first is the devolution of power to local assemblies in Scotland and Wales. In this situation the legal theory has been maintained that the parliament in London maintains supremacy but chooses not to use it in certain legislation involving Scotland and Wales. The second erosion has been in connection with institutions of the European Union, in particular the European Court of Human Rights which asserts the power to exercise judicial review over UK law. In this situation, an adverse finding by the Court that a UK law is inconsistent with treaties that the UK has acceded to does not automatically annul the law, but rather brings the issue before Parliament which actually removes the law.