Examining UK Constitutional Law: Parliamentary Sovereignty and Rights

This essay provides an analysis of parliamentary sovereignty and the separation of powers in the UK, highlighting their significance within the UK's constitutional framework. It discusses how parliamentary sovereignty grants the UK parliament supreme legal authority to make laws, and how the separation of powers aims to divide governmental functions among the executive, legislature, and judiciary. The essay also examines the impact of the Human Rights Act 1998 and its relation to the European Convention on Human Rights, emphasizing the protection of individual rights within the UK legal system. The Factortame case is mentioned as a key example illustrating parliamentary sovereignty. The essay concludes by reinforcing the importance of these principles in maintaining legal order and protecting individual liberties in the UK.

Essay

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................8

INTRODUCTION
Law is an important command of the society through which all the implementation of the
general abiding rules and the systematic approach towards all the working are being made. Their
is been seen that in the countries it is important to manage the proper set of rules and the
regulations and this can only be made with the help of legal values and principles. UK consist of
partly written constitution in which it is not wholly codified1. Their is been analysed that it is
been written and directed with all the general rules and the management applications. This essay
will cover all the important parliamentary sovereignty and the separation of powers in UK and
further will also provide the human rights conventions related to the UK constitution and Human
right act 1998.
MAIN BODY
The principle of parliamentary sovereignty is an important concept which abides and
make the parliaments to the most important and the supreme legal authority who have the
authority to make the laws and enact any of the specified rules and the regulation for the benefit
of the country. It frames all the codified law making and all the extent to which all the authorities
manages all sort of law and their vary in framed nature of working. As in UK there is mainly
been seen that all the functioning of the constitution is the major elements and there is aligned
that all the parliamentary government manage the general democratic methods through which
they attain the supreme ability to interpret and make the laws. This is the main concept through
which the parliament gets the authority in order to make the law and the parliament is considered
to be the supreme authority who makes the laws. No court can at any time overrule the decisions
which are been made by the parliament in UK. As according to the concept which was being
given by Dicey there is applied that the two main elements in UK for managing and making
laws are like parliamentary sovereignty and rule of law2. As the constitution of UK is severable
being made of important nature and the principles. It is generally scrutinize that parliament is
less dependent on any of the policy making and all the unwritten concept and the constitution
applies to manage the doctrine of constitutional law. Earlier their were following up of EC laws
1 Tuhulele P, 'Peluang Dan Tantangan Penerapan Prinsip Permanent Soverignity Over Natural Resources
Di Indonesia' (2020) 26 SASI
2 Guarino G, 'Migrazioni,Terrorismo E Sovranità (Migrations, Terrorism, Soverignity)' [2013] SSRN
Electronic Journal

and they manage all the interest in relation to the concept and the working nature3. In order to
know about the concept and the main case through which the concept of the parliamentary
sovereignty is aligned is the Factortame case as in this case the House of Lords applied that they
themselves were not authorised to suspend any of the act of the parliament and they are the
supreme authority so non legal authority can override the concept of it. As this case not only
outlined about the Spanish fishermen not were being allowed to use the British water, but it
signifies that parliament is supreme and judiciary is less important as in it has comparison. Thus
there is being seen that The core element in UK is the parliamentary sovereignty and they try to
manage all the decisions which are important or the country and the individuals growth4. Their is
been analysed that all the sovereignty concept manages the laws making and the incorporating
affects through which the nature and the principles are outlined and undertaken. It is considered
to be the important factors where the rules made by them will be final and no other supreme
authority can at any time misuse or alter the powers and the work which are being made by it.
The doctrine of separation of powers in UK is an important concept which applies that
all the executive, legislature and the judiciary are the important concept and they are considered
in their own perimeters in order to manage and exercise the powers. As in all the country there
are being made that the separate organ of government are made through which all the work is
being applied. The major devolution of the powers and the management is implemented through
which the nature and the general working can be aligned and it makes the work to be radically
framed. It involves that all the countries manage the safety and the security by carrying some
important rules and this also make the work to be affirmatively framed. Their is being assigned
that in all such areas where the main concept and the work are made through the different organs.
Here the separation of power is the core elements. As the main element in all the judicial areas is
to manage and provide the nature and the general concepts. It is being abides that ll the
parliamentary sovereignty affects the separation of power as there are no rules which can
override the laws and the principles of the parliament and this applies the major terms and the
laws through which the working and the functions along with certain concepts can be managed.
All the responsibilities are being divided by the government so their will not be any issues and
3 Conway G, 'Recovering A Separation Of Powers In The European Union' (2019) 17 European Law
Journal
4 'PARLIAMENTARY AFFAIRS' [2018] Parliamentary Affairs

the major problems which can be seen in any of the areas. It helps in exercising and maintain the
branch through which ball the laws and the rules are incorporated and their made the major
concentration of powers with all these rules.
Thus, their can be seen that all the parliamentary sovereignty affects and overrules the
concept and the law making power of the judiciary and there is no management and maintained
of any of the other legal bodies which are affected and maintained according to the general rules
and their over lined concepts. They are treated to be the supreme, areas through which all laws
and the rules are infrared5.
The UK Constitution is considered to have the partly written arrangements as there is no
proper written document is available for it. So it is majorly being known as the un-codified
constitution. As it makes all the rules and the provisions to be amended easily without any
interruptions6. The main elements of the constitution is the rule of democracy, parliamentary
sovereignty and also all the international law through which the management and the affective
entrenchment of laws are made. The UK constitution is made of the statutory and the common
law in which all the statutory laws are generally the main elements through which all the
legislation or the law making bodies which are like house of common and house of lords in UK
are managed. They enforce and work according to the rules and the nature and try to maintain the
legal implication and concepts. It is also been applied that act of parliament is the major and the
important concept through which the bill is being passed for the royal monarch by moving
through different stages and once the assent is being prompted then it will become a law. Other
then this there are judicial precedents and the common law in action through which all the judges
made laws are up lined. The main leading management and the institutions are the judiciary,
local governments and the executive. All the amendments, approval and the proposing of the
laws are made through UK abiding nature and their laws. All the constitution of UK applies the
composition of the laws and the rules which are being made for the state and the individuals. All
the UK constitution regulate and distribute the powers and also manage the percolated relations
with all the institutions. Their is managed that all the necessary areas and the working are being
made in a relative stability and it frames the concept in which the major reflective areas and their
5 'Misapplications Of Res Judicata And The Separation Of Powers Doctrine: Judgments. Constitutional
Law. Retroactive Legislation. Separation Of Powers. Limits Of Res Judicata Doctrine' (2020) 12 Stanford
Law Review
6 'The Human Rights Act 1998' (2020) 19 Property Management

rules can be carried. All the ultimate law making power in UK is given on the hands of the
parliamentary sovereignty. There is been seen that the parliamentary laws and the nature of
working is managed with the constitutional validity and it will also apply the government actions
through which the elaborated procedures and the major alliance of the work is contemplated.
Thus the UK constitution is derived from the different methods and the sources through which
they manage all the laws and the vary nature principles in order to attain and manage the statutes
and the codes through which the major application of the rules are being enacted their implicate
that the main concept and the working is abided according to the main elements and the common
law in action7.
As the major rights of the UK are being made through the European convention and it
contemplates and help in law making and protection of the law and order of all the individuals in
the country there is enactment of the Human rights act 1998 is being made this is enforced by
the royal assent on 9 November 1998. the human right act aims to manage and mandate all the
rights related to individuals in UK. This act is made in order to manage and defend the rights of
the UK court and make all the public organisation along with the government and the bother
regulatory bodies to maintain the dignity and the fairness in the country. This works for the
protection of the individuals and also to attain and manage the shared values my managing the
equality, respect, dignity and also the independence through which the country can attain the law
and the order. This frames the fundamental units and the principles in which all the persons are
entitled to attain the concepts and the management of all the domestic rights8. All the rights
which are made in the human rights act are through the European convention and their
regulations in which they manage the rules and the nature of principles with corporative bodies.
they mainly helps in protecting all the public and the private rights which are made for the
individuals in order to maintain the general law and order and also to maintain the morality and
dignity in other compliance. This manage the immutable features of all the inalienable characters
with protection of laws and the general nature. The main elements which are covered under the
human right act are the rights which are related to the life and the personal safety with the belief
and for removing the discrimination9. This act manages the ECHR through which all the
7 Assimacopoulos D, and El-Nashar A, 'RE Powers Desalination' (2019) 38 Filtration & Separation
8 Huq A, 'Libertarian Separation Of Powers' [2021] SSRN Electronic Journal
9 Amos M, 'The Second Division In Human Rights Adjudication: Social Rights Claims Under The Human
Rights Act 1998' (2019) 15 Human Rights Law Review

conventions and the regulations related to protection of individuals with general removal of
violation of rights can be made. Thus, European convention helps to manage the laws and the
principles through which the rules and the applicability in the human right act can be abided and
it focus on managing the laws and helps in applying all the rules and the nature of values through
which protection of individuals in UK can be made10.
CONCLUSION
It is concluded from the above report that, parliamentary sovereignty is the supreme law
making bodies in UK which incorporates and make the general law making and maintaining the
proper framing of regulations. No law and the rules made by the parliament can be override as
this promotes and maintain the basic structure of supremacy in all the laws and the procedures.
Doctrine of separation of power is the roles and the distribution of power in the executive,
judiciary and the legislature. In all this there is been seen that no laws which are being made by
the parliament can be override. Further more it is also concluded that, human rights act 1998
helps in promoting the equality and balance in all the areas and also avoid discrimination by
attaining the public safety.
10 Millns S, 'The Human Rights Act 1998 And Reproductive Rights' (2020) 54 Parliamentary Affairs

REFERENCES
Books and Journals
Amos M, 'The Second Division In Human Rights Adjudication: Social Rights Claims Under The
Human Rights Act 1998' (2019) 15 Human Rights Law Review
Assimacopoulos D, and El-Nashar A, 'RE Powers Desalination' (2019) 38 Filtration &
Separation
Conway G, 'Recovering A Separation Of Powers In The European Union' (2019) 17 European
Law Journal
Guarino G, 'Migrazioni,Terrorismo E Sovranità (Migrations, Terrorism, Soverignity)' [2013]
SSRN Electronic Journal
Huq A, 'Libertarian Separation Of Powers' [2021] SSRN Electronic Journal
Millns S, 'The Human Rights Act 1998 And Reproductive Rights' (2020) 54 Parliamentary
Affairs
'Misapplications Of Res Judicata And The Separation Of Powers Doctrine: Judgments.
Constitutional Law. Retroactive Legislation. Separation Of Powers. Limits Of Res
Judicata Doctrine' (2020) 12 Stanford Law Review
'PARLIAMENTARY AFFAIRS' [2018] Parliamentary Affairs
Tuhulele P, 'Peluang Dan Tantangan Penerapan Prinsip Permanent Soverignity Over Natural
Resources Di Indonesia' (2020) 26 SASI
'The Human Rights Act 1998' (2020) 19 Property Management