Rights of Parliament in UK in Respect to Passing of Law

Constitutional and
Administrative Law

TABLE OF CONTENTS
TASK1.............................................................................................................................................3
TASK 2............................................................................................................................................5
Introduction............................................................................................................................5
Main Body..............................................................................................................................5
Conclusion..............................................................................................................................7
TASK 3............................................................................................................................................7
REFERENCES..............................................................................................................................10
BIBLIOGRAPHY..........................................................................................................................11

TASK1
This task focuses on the question, which states about the rights of the Parliament in UK
in respect to passing of the law. This question can be said to be very relevant from the
constitutional terms as it demonstrate the issue which might come across and what will be the
position of the government under such situation.
As given, UK government decided to put the bill before the parliament and if the bill is
passed it will result into breaching of law. It is stated that the Parliament will pass the bill which
is because of the reason that parliament is sovereign. For discussing this case, it is important to
understand the authority of parliament. Parliament sovereignty is the main and foremost
principle of UK constitution1. According to which the Parliament is the supreme legal authority
in the country having the power to create and remove any law. Along with that, the court cannot
make or overrule its legislation and also no Parliament can enact any law which cannot be
changed by the future Parliament. In the past few years, the Parliament has also passed certain
bills which has resulted in limiting the power or application of the parliament sovereignty. These
laws have caused political changes in and out of the UK. But it is to be carefully understood that
these developments will not fundamentally affect or lower the principle of Parliament
sovereignty.
The most important part of this principle is that parliament can at anytime repeal or
demolish any of the law which has caused these changes. By applying this rule in the given
question, it can be said that Parliament can pass such bills which might have an impact of
breaching of the law and along with that the court has no power to uphold such legislation. This
is because, the Parliament has the authority to implement any law and the court of the country
cannot question the same or any other Act of the Parliament2. The court has to comply with what
the Parliament intends. The UK Parliament has unlimited power and it can assess or legislate it
whenever it deems fit. The court is required to comply and give effect to the recently released
laws or the bills. Based upon this, the Parliament can implement any type of legislation which it
1 McCorkindale, Christopher. "Parliament, sovereignty and the paradox of the political
constitution." In The Constitution of Social Democracy. 2020.
2 SHEVCHENKO, M. "THE PARLIAMENTARY SOVEREIGNTY AND THE RULE
OF LAW IN THE UK LAW." In We speak Legal English, German, French, Spanish...,
pp. 174-175. 2019.