Origins Of Parliamentary Sovereignty

The Origins of Parliamentary Sovereignty

Parliament is supreme is creating the law and no authority, not even the courts, are above it. In the case Pepper v Hart [1992] 3 WLR 1032 House of Lords, the issue was whether a teacher at a private school had to pay tax on the perk he received in the form of reduced school fees. The House of Lords departed from Davis v Johnson and took a purposive approach to interpretation holding that Hansard may be referred to and the teacher was not required to pay tax on the perk he received. However, this decision did not affect the supremacy of the parliament. From 1688, the supremacy of the parliament over the Crown was established and can be seen in the Bill of Rights 1688(9).

Dicey and Sovereignty

According to AV Dicey, “The principle of parliamentary sovereignty means neither more nor less than this: namely that parliament thus defined has, under the English constitution, the right to make or un make any law whatever; and further, that no person or body is recognized by the law of England having a right to override or set aside the legislation of parliament…” Dicey stated that parliamentary sovereignty requires three principal aspects, parliament is the supreme law making body and may enact

Act of Parliament that is ‘on the parliamentary roll’, is considered as good law. Acts of Parliament alone are supreme. Resolutions of either House of Parliament and proclamations of the Crown that is issued under royal prerogative do not have the force of law and cannot alter the law of the land that would affect individual rights and duties. A resolution must be placed on a statutory basis to have the force of law. Treaties entered into under royal prerogative cannot alter the law of the land and it had been made clear by the courts that only under the authority of an Act of Parliament can treaties take legal