Explain the concept of parliamentary sovereignty

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Reference no: EM13787014

1. Which is your country of study?

United Kingdom

2. What is the title/topic of your paper?

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 unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.

3. Critically evaluate to what extent this statement is true giving consideration to judicial power as well as the effect of European Union (EU) law and the law of the European Convention on Human Rights (ECHR).

Can you please describe your brief?
Knowledge:
• explain the concept of parliamentary sovereignty
• demonstrate an understanding of judicial power
• demonstrate an understanding of the application of EU law
• demonstrate an understanding of the application of the law of the ECHR.
Skills:
• research and discuss legal principles in a logical and coherent way
• demonstrate a critical evaluation of relevant material in order to develop a reasoned argument
• present and structure information clearly making accurate use of the English language and legal terminology
• reference and cite material appropriately
• demonstrate a critical reflection on your own learning and skills development.

This question requires you to critically evaluate the extent to which the statement provided is true. You should evaluate the extent to which judges make the law and the effect that this has on parliamentary sovereignty. You should also consider the effect that EU law has on parliamentary sovereignty and assess how the law of the ECHR impacts on Parliamentary sovereignty, considering in particular the operation of the Human Rights Act 1998.

Reference no: EM13787014

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