Parliamentary Sovereignty and the Impact of Brexit on the UK's Constitution

Business Law and
Ethics

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The concept of parliamentary sovereignty is frequently considered as the fundamental
principle of the British constitution. Parliamentary sovereignty acknowledges that the United
Kingdom's parliament is the highest legislative and ultimate power in the country (UK) (Marsh,
2018). Unlike most other countries, such as Germany and the United States (US), the United
Kingdom's constitution is unwritten and lacks a single text. However, this does not negate its
importance in the UK's constitution-making process.
MAIN BODY
The sovereignty of parliamentarians simply implies that the country's parliament takes
priority over any other organization involved in legislation. Furthermore, no decisions made by
parliament would be enforceable on successive governments. This basically rules out the idea of
a written constitution, as the removal of parliamentary authority would also be necessary just
before the first written constitution could have been incorporated into British law. The concept of
sovereignty stretches back several centuries, and then only the monarch was regarded the highest
authority role until 1689. Even though the monarchy retains a significant role, it has been
modified to give parliamentarians the primary political and legislative role.
Due to the extreme legislative sovereignty situation, the courts cannot prohibit a bill from
being approved. In contrary, the Supreme Court of the United States holds supremacy and seems
to have the power to overturn or alter laws that the court does not accord with. From the year
1885, the Statute of the Constitution was issued (White, 2021). The notion of parliamentary
sovereignty was defined by AV Dicey, a well-known lawyer, who stated, "Now in theoretically,
Parliament holds complete power." Which is in control." The same, he did believe, must have
been characterized by four possible factors: first, the said parliament appears to just have the
power to implement each and every laws and regulations on any particular issue; second, that
somehow the laws and policies passed by parliament can enforce each and every person
including almost each and every location; third, that no regulations could entangle successive
members of parliament; and finally, that somehow the justice system simply does not have the
right to impose any person including almost any location; and finally, that the court system
simply does not have the ability to enforce any person in almost any region.