ipl-logo

The Argument About The Loss Of Parliamentary Sovereignty

1869 Words8 Pages

Public Law Assessment
Q1 – 500 Words
The argument about the loss of Parliamentary Sovereignty started before 1973 when the Government were considering entering the European Union (EU), an argument from those opposed to the membership was that supporting the transfer of decision making over large areas of public policy was impossible without a reduction or loss of essential Sovereignty. The argument then moves from whether or not Parliamentary Sovereignty is affected by the decision to join the EU, to how much Parliamentary Sovereignty is affected by membership of the EU. “Although the surrender [of sovereignty] begins as minimal, it is intended to become maximal.” This view posed by Encoch Powell, suggests that membership of the EU will …show more content…

Parliamentary sovereignty is a principle of the UK constitution, giving Parliament the power to create or end any Law . It is clear to see that membership of the EU doesn’t allow Parliament to fully Govern the conflicts of the state as they see fit. “We end the supremacy of EU law. We regain control.” This quote essentially summarises the Parliamentary Sovereignty argument behind leaving the EU. The implication of this quote is that the EU assembly is the only thing holding back Parliament from being Sovereign in implementing Laws for Britain to …show more content…

Hobbes produced a book in 1651 entitled leviathan, highlighting the dangers of life without a Government. believed that absolute monarchy would be the best form of Government as without Government, the people will display violence and disorder which comes naturally to them and for this reason, a social contract would be the best way to maintain order and security of the people. John Locke's ideas were used across the world and famously used in the American Revolution for independence from Britain. Locke believed in the concept of social contract but he also believed that as part of natural rights (given to each human from birth).In his book entitled Two Treaties on Government, he illustrates his belief that the Government is merely present to ensure the protection of natural rights. As part of this, he believes that the people are the main source of power so the Government's power is limited.
The citizens of the UK have a social contract, which is transferring their power to representatives elected by the people to govern, which is known as Political sovereignty. The people are the source of power in a democracy, which becomes vested into Parliament through the process of the Constitution, giving them the power to make laws. This is referred to as Legal sovereignty, which is a common law concept as it is not categorically stated in

Show More
Related

Examples Of If I Have Quit At Valley Forge Dbq

911 Words | 4 Pages

Britain, with an army to enforce her tyranny, has declared that she has a right( not only to tax) but ‘to BIND us in ALL CASES WHATSOEVER; and if being bound in that manner, is not

Read More

Captivity And Enslavement, By Olaudah Equiano

1405 Words | 6 Pages

The fundamental roles of the individual citizen were to exercise these rights such as expressing their opinion in both speaking in public (freedom of speech, 11) and in deciding on things such as taxes (speaking to a representative,14). 3. How does the document define political sovereignty, and how is this definition related to the deputies’ collective sense of identity and

Read More

Locke Vs Hobbes Dbq

1208 Words | 5 Pages

Hobbes’s opinions about politics and government were far different from fellow English philosopher John Locke’s in his document Second Treatise of Government published in 1689. Locke existed during a much later period in Europe, when the Wars of Religion was over and England had established the Glorious Revolution Agreement between Dutch nobility, William and Mary, and Parliament. Due to the different time periods in which Hobbes and Locke lived, their experiences had a major effect on their opinions about government. Hobbes’ Leviathan and Locke’s Second Treatise of Government had different opinions regarding a man’s state of nature and social contract.

Read More

How Effective Was The Declaration Of Independence By Thomas Jefferson

211 Words | 1 Pages

According the Thomas, “..to secure these rights, governments are instituted among men.” since the government is supposed to secure the people’s right such as, Life, Liberty, and the Pursuit of Happiness”. Thus, The Britain government aren’t accomplishing their job nor protecting the people. Another effective argument is, “...it is their right, it is their

Read More

Tacit Consent In The Declaration Of Independence

1663 Words | 7 Pages

The Declaration of Independence notes that state’s derive “their powers from consent governed”. In this essay I will argue that the state has the right to rule as we consent to its power, we express our consent through tacit consent. This essay will also analyse the issues faced by tacit consent. The state’s legitimate right to rule derives from the equally legitimate consent given as part of the social contract The issue of whether the state has a legitimate right to rule over us, arises as many political philosophers argue that we are free agents, which leads to two issues, autonomy, and welfare.

Read More

Popular Sovereignty In American Democracy

2601 Words | 11 Pages

But why is popular sovereignty needed in order to have freedom and equality? It’s because the idea of popular sovereignty entails that the government needs the consent of the people before enacting any sort of law or regulation because the people are seen

Read More

The Role Of Devolution In Scotland

84 Words | 1 Pages

Scotland have for many years desired to establish a strong independent identity of their own in politics, they achieved this through Devolution in 1999. However it all begin in 1988 when The Scotland Act was passed which created separate Scottish establishments such for example: A first Minister was created, A Scottish Parliament and a Scottish Executive (McGarvey and Cairney, 2008) Bogdanor clearly expressed that Devolution was ‘the most radical constitutional change’ (1999.1) the United Kingdom had witnessed since the Great Reform Act of 1832.

Read More

Henry David Thoreau's Civil Disobedience

1371 Words | 6 Pages

“That to secure these rights, Governments are instituted among Men deriving their just powers from the consent of the governed” (Jefferson, 1776/2014, para. 2). Authority should not reside over individuals, but with them. A heart cannot run a body alone. Likewise, a government does not operate a nation by itself. Individuals help maintain the justice of authority.

Read More

Rachel Act Like A Child Story Analysis

163 Words | 1 Pages

In the story “Eleven,” the narrator Rachel acts more like a child. In the story, the author says, “I finally say in a small voice that sounds like I’m four. ”This shows that Rachel spoke in a small childish voice rather than in a confident voice like tween would. In another part of the story the author tells us that “all of a sudden I’m crying in front of everyone.” This proves that Rachel did not control her emotions in a mature way, instead she cries like a child.

Read More

Canadian Charter Of Rights Essay

1459 Words | 6 Pages

The legislatures within the House of Commons should be regularly tuned in to its existence, and detain mind the very fact that it supports the rights of the individual, not the state. once passing laws, running for (re)election, and generally conduct, care should be taken to not disturb the sense of peace and well being that North American nation enjoys. North American nation could be a country that was designed on compromise and a mixture of the simplest of the countries that influenced its creation is obvious within the Charter of Rights and

Read More

Similarities And Differences Between The 1960s And 1980s

784 Words | 4 Pages

The 1960s and 1980s had many similarities and differences. Even though they both took place in the 20th century, there were many changes over the span of twenty years. Over time, people’s preferences evolve, political and military forces adapt to changes during their time, and fashion and style change based on the newest entertainment sources. When gathering information from past decades, it can be inferred that politics, entertainment, and fashion hugely impacted everyday life. The 1960s and 1980s had similarities and differences in the categories of music and entertainment, politics and military, and social preferences.

Read More

Essay On Parliamentary Sovereignty

1798 Words | 8 Pages

So without the EU the U.K.’s parliament will be sovereign in theory but in practice it is still debatable if the Parliament is truly

Read More

European Union Swot Analysis

1094 Words | 5 Pages

Britain has consistently represented a difficult issue in European integration. This state is one of the greatest Eurosceptic since it, more than other states, finds it particularly difficult to link domestic and European policies together. The reason for this can be attributed to Britain’s historical, traditional, institutional and strategic background. (Perisic, 2010:2) For nearly over forty years, Britain has been a member of the European Union (EU) and its forerunner organisations such as the Common Market, European Economic Community (EEC) and European Community (EC).

Read More

The Advantages And Disadvantages Of A Parliamentary Government

944 Words | 4 Pages

Parliamentarism, or a parliamentary government, is defined “as a system of government in which the executive, the government, is chosen by and is responsible to…the legislature.” (Gerring, Thacker and Moreno, 2005, p. 15) With this form of governmental control, many advantages and disadvantages arise, especially when this system is compared to the likes of ‘Presidential systems’ or even that of ‘Semi-presidential systems’. However, my aim within this essay is to, both, highlight to advantages of parliamentarism, and to also give my opinion as to why this system is better when compared and contrasted with the aforementioned systems. According to Hague and Harrop (2007, p. 336), there are three different branches relating to the parliamentary system. Firstly, the legislature and the executive are “originally linked”.

Read More

Differences Between Parliamentary Sovereignty And Constitutional Supremacy

1071 Words | 5 Pages

Differences between Parliamentary sovereignty and Constitutional supremacy The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement without parallels in comparative constitutional law. By giving unconditional power to the Westminster Parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the Malaysian Constitution, whose powers are carefully limited by their respective constitutions. Parliamentary sovereignty is thus seen as a unique feature and a result of the unwritten constitution. If parliamentary sovereignty is to be a legal doctrine, it must rely on a list of powers that belong to parliament as an institution. These legal powers are organised in powers and disabilities and are thus both empowering and limiting.

Read More

More about The Argument About The Loss Of Parliamentary Sovereignty

Related Topics

Open Document