Doctrine of Parliamentary Sovereignity Essay Example | Topics and Well Written Essays - 2500 words

Doctrine of Parliamentary Sovereignity - Essay Example Aside from being an ultimate legal source, the fact that the doctrine of parliamentary sovereignty has been recognized under the Communities Act 1972 make this doctrine even stronger. Note that the doctrine of parliamentary sovereignty is enshrined in the European Communities Act 1972 which provides that the Parliament has the final say when it comes to what laws are to be or should be implemented within the territories of the United Kingdom4. The powers of the Parliament are separate and distinct from the powers of the courts and the courts may not usurp the powers of the Parliament by declaring the laws enacted by the Parliament to be invalid. Technically, this means that when since the powers of the Parliament are distinct, any other government agencies cannot usurp or put limitations to such powers without violating the laws5. Although English law gives the Parliament the powers to enact laws and enjoy sovereignty, the doctrine of parliamentary sovereign has been challenged many times in the past and will be challenged again and again in the future. The devolution of the powers of the Parliament together with some laws and treaties put pressure on sovereignty the sovereignty of the Parliament. Note that there are provisions under the Human Rights Act 1998 (HRA) and in a number of European Union (EU) treaties that may weaken and even override the inherent powers of the parliament. When it comes to the Human Rights Act, there are provisions in the act that allows the courts to review the legislations made by the Parliament or declare these legislations as incompatible with the European Commission on Human Rights (ECHR). On the other hand, the ratchet clauses in some EU Treaties allow the transfer of powers from the UK Parliament to the EU without the need to amend the treaty. Moreover, there are some provisions in the treaties that require the implementation of EU laws over local laws which