3.supermacy or Sovereignty of Parliament

Q # 03: Discuss the supremacy or Sovereignty of Parliament
under the British constitution.

1) Introduction
 It is well known that parliament’s basic functions is law making and making changes in
existing laws
 U.K parliament is the oldest institution in the field of legislation and has supremacy and
sovereignty in U.K
 Both houses of the Parliament hold debates in which members discuss government
policies
 One says that , Parliament of U.K can do every things except make man into woman and
woman into man
2) Constituent of parliament
The U.K parliament is consists of the following institutions
1) House of Common
2) House of Lord
3) The king
3) Meaning of parliamentary sovereignty

 The sovereignty of Parliament means that parliament is the supreme power of the state
in the sense that it can make or unmake any law, and courts will obey its legislations, on
one has any power in the state to overrule parliament’s authority
4) Principles of parliamentary sovereignty

 Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the
supreme legal authority in the UK, which can create or end any law.
 Generally, the courts cannot overrule its legislation and no Parliament can pass laws
that future Parliaments cannot change.
5) Nature of parliamentary sovereignty
 The nature of parliamentary sovereignty in England is Supreme because it can make or
amend any law without any pressure and there is not overrule authority
6) position of parliamentary sovereignty

Parliamentary sovereignty has following three meanings
1) It was held that what parliament enacts? Cannot be held unlawful

2) It was held that court cannot interfere with the matters and decisions of the
parliament
3) No person in U.K has a right to overrule the legislation of parliament
7) Examples of parliamentary sovereignty
The U.K parliament has attained supremacy gradually with the passage of time. It supremacy
may be discussed under following heads:
1) Supremacy as regard to Public right

2) Supremacy as regard to Private right
1. Supremacy as regard to public right

I. Bill of rights 1689
The provisions of bills illustrate that how the parliament became sovereign of the state
Examples of it;
1) The elections of members of Parliament should be free
2) The suspension or provision of powers to the king without the willingness of
parliament is illegal
II. The act of settlement 1701

This act shows that the occupancy of the king on the throne is not because he was a
member of the Royal Family but he is entitled by Parliament. It shows the supremacy of
the Parliament regarding Public rights
III. The parliament act of 1911

This act snatches the powers of House of Lord. All legislating powers relating to Money
bills were taken away from the House of Lords. It shows the supremacy of the
Parliament regarding Public rights
2. Supremacy as regard to private rights

Parliament also has established its supremacy by interfering with the private rights.
Following are the examples of Parliamentary supremacy
1) Parliament can declare a baby, of full age

2) Parliament can declare legal child to illegal child
8) Limitations on the parliamentary sovereignty

There are two kinds of limitations on Parliamentary sovereignty
1) Alleged Limitations (Byaan Krda)

2) Actual limitations
1. Alleged (Byaan krda) limitations
I. Royal prerogative
 In many fields, the royal prerogative (Ikhtiar) operates, and sovereignty of parliament
is excluded
 Criticism
 The royal prerogative (Ikhtiar) is completely subordinate to Parliament which can
abolish and control them in the manner it likes
II. Preceding acts of parliament

 While law making its appears that they could not be repealed in future
 Criticism
 A sovereign power cannot limit its own sovereignty. An act passed by parliament in
one session can be repealed in next session
2. Actual limitations
Actual limitations has of two kinds
I. External limitations
 Public opinions are external limitations on Parliamentary sovereignty. Parliament may
pass any law which backed as long to its elector
II. Internal limitations

 Parliamentarian’s opinions are internal limitations on parliamentary sovereignty. They
would not make laws against the wishes of the people
9) Other limitations on parliamentary sovereignty

Following are the other limitations on parliamentary sovereignty
1. Rule of law
 Parliament cannot make a law opposed to the rule of law
2. Statute of west minister 1931

 The act West minister 1931, the dominion (Baadshahi) constitution cannot be
amended by parliament without willingness of dominions
3. International law
 The parliament cannot violate the principle of international law
10) Conclusion
 Parliament is the highest authority in England which is looking into all matters of the
state. It can alter, repeal, enact and amend any law in any time. The sovereignty of the
parliament is theoretically unlimited as one said that England could never be ruined
but by a parliament
 Parliament has placed itself on a high place by interfering in public and private
matters

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Q # 03: Discuss the supremacy or Sovereignty of Parliament

under the British constitution.

3) Meaning of parliamentary sovereignty

4) Principles of parliamentary sovereignty

6) position of parliamentary sovereignty

1) It was held that what parliament enacts? Cannot be held unlawful

1) Supremacy as regard to Public right

1. Supremacy as regard to public right

II. The act of settlement 1701

III. The parliament act of 1911

2. Supremacy as regard to private rights

1) Parliament can declare a baby, of full age

8) Limitations on the parliamentary sovereignty

1) Alleged Limitations (Byaan Krda)

II. Preceding acts of parliament

II. Internal limitations

9) Other limitations on parliamentary sovereignty

2. Statute of west minister 1931

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