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Compose a 1500 words assignment on literature review- law. topic- is the uk parliament still legally sovereign today. Needs to be plagiarism free!
Compose a 1500 words assignment on literature review- law. topic- is the uk parliament still legally sovereign today. Needs to be plagiarism free! British officials claim that the dominant characteristic of the political institutions in the United Kingdom is the sovereignty of the Parliament. The English Constitution has granted the Parliament with the right to formulate laws and ensure their enforcement. The legal sovereignty of the British Parliament is vested in the legislation which contrasts with the federal states where sovereignty is vested in the constitution. 2 The doctrine of British parliamentary sovereignty is portrayed as a myth by certain critics because of the fact that the myth is utilized as a cover to conceal the true nature of British constitutionalism. In reality, the “collaborative enterprise” engagement between parliament and the courts provides the proof for the division of sovereignty between the British courts and Parliament. Moreover, the foundation of the constitution is thought to be based upon a common law “principle of legality”. According to the “principle of legality” the ultimate authority to interpret and enforce lies not with the Parliament but with the British courts. Even today, the British constitution seems to be inexorably moving in a direction where it will not have any sovereignty in the near future. According to certain critics the existence of sovereignty of the British parliament is a dubious notion because it never existed and the doctrine of parliamentary sovereignty is nothing more than an illusion. Whereas, some critics justify the existence of parliamentary sovereignty by stating that it is a deviation from the historically venerable constitutional tradition and has a limited existence. Such critics also claim that the vulnerable British constitution is in dire need of restoration which would inevitably provide the ultimate sovereignty that the parliament deserves. On the other hand, most critics today claim that recent developments reveal the fact that the once sovereign British parliament has lost its sovereignty with time. Some critics state that the British Parliament has enjoyed limited sovereignty throughout the history of the UK. They claim that the limited sovereignty is endangered and with time it is becoming increasingly difficult for the parliament to retain its sovereignty. 3 Is Parliamentary Sovereignty an Illusion? According to Philip Joseph the British parliament has never been sovereign and the doctrine of parliamentary sovereignty is a direct result of “lazy thinking”. In describing the British Parliamentary sovereignty, Philip Joseph states, “sovereignty implies autocracy but legislative power has never been of this nature”4. The “perverse legal theory” of Parliamentary sovereignty is regarded by many as a skewed conception of legislative power. This skewed nature of the legislative power is a cover to disguise the non existence of a true constitutional balance between the political and judicial branches of the British government. However, Philip’s claims and suggestion have no evidence. The opponents state that it is not true to consider that the parliamentary sovereignty has no existence and they claim that Joseph is unwilling to accept the fact that the power to invalidate the legislation currently lies with the courts. 5 Over the recent years, the sovereignty of the British Parliament has been regarded as out of date and in dire need to restoration.