Supremacy of the Parliament Principle - Essay Sample

Introduction

In Britain, the parliament is the supreme legal authority with the power to make and unmake laws. The principle of parliamentary sovereignty implies that there is no other institutions in Britain can challenge or undo the laws that parliament makes. The principle also means that the court cannot undo or overrule parliament. All legislation that the British parliament makes becomes law. Britain may not have a single document constitution, but it has the statute law. The regulation is a combination of the parliament-made statutes and legislation that become law. In other words, Britain's constitution is uncodified, but it is partly written. Parliament sovereignty means that no written law binds the parliament to act in a specific manner. Though the supremacy of the parliament excludes any other form of influence, the British parliament includes several bodies. The term parliament implies the House of Commons, the House of Lords, and the queen. Together, the authorities make and amend policies that govern Britain. Passing legislation involves a consensus between the three institutions. Such a law will have the approval of the queen and that of the two houses. Hence, all other government and non-governmental institutions must abide by the regulations from the parliament. An excellent example of parliament supremacy is the Act of settlement of 1700. It settled the problem of the line of succession as Queen Ann had no surviving heir.

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The Principle of Separation of Powers

This principle establishes the independence of vital institutions of the state. Major institutions of the country are Judiciary, Parliament, and the Executive. These institutions must remain independent, and no individual's power should span the three institutions. Britain lacks a written document that stipulates the separation of powers. The parliament has the supreme authority to establish laws without room for questions or challenge. Also, the British parliament includes the crown. Given these characteristics, Britain's principle of separation of powers is not clearly defined. However, the separation of powers in Britain is a progressive evolution matter that has changed significantly over time. The passing of the European Communities Act of 1972 and the Human Rights Act of 1998 have contributed significantly to the formal establishment of the principle. Changes and calls for reforms have increased the visibility of the judiciary creating clarity of separation of powers. The uncodified constitution complicates the definition of separation of powers as the major institutions are not expressly visible. In Britain, the integration between the executive and legislature decreases the separation of the two institutions. The British prime minister is also the leader of the majority in parliament. The alliance between the institutions gives the executive more freedom. It limits the principle of separation of powers.

Rule of Law Principle

The principle of the rule of law implies that the law is universal and equally affects the rulers and the ruled. It establishes a meaningful relationship between the government and the governed. The primary objective of the rule of law is to develop common ground between all members of society. The law should apply equally to public and private officials. In other words, the primary objective of this principle is to establish equality before the law. Thus, private citizens can fight for their wellbeing through legal redress. But the rule of law in Britain operates under some non-negotiable limits. For example, the parliament has the sovereignty to make and unmake laws without challenge. This position gives the parliament power over the rule of law. The parliament can amend any laws. In other words, it can deny anybody legal redress. Parliamentary privilege also protects the members of parliament against legal actions regarding matters they say in parliament. Also, the Royal Prerogative is not subject to judicial oversight. The executive has the room to escape any form of legal action. These factors mean that the rule of law in Britain works under certain limitations. The British rule of law cannot achieve the objective of equality before the tenet.

Importance of the Principles

The rule of law determines the available avenues for an ordinary British citizen to get justice. Its primary objective is to provide equality by ensuring the possibility of a legal solution to a conflict. British citizens can seek legal redress for any dispute, even with public officers. However, this principle is unachievable because individual members of society are immune to judicial scrutiny. The prime minister and the royal family enjoy certain privileges and cannot face prosecution. Also, the principle of separation of powers has several limitations. The integration between the executive and the parliament complicates the existence of separation of powers. The executive enjoys freedom because the prime minister is also the leader of the majority in parliament. However, the principle of separation of powers is important because it limits the capabilities of a single individual over the major institutions of power. It ensures that no single individual has the potential to influence the parliament, executive, and the judiciary. However, given the sovereignty of parliament and the influence of the executive over parliament, the court in Britain operates under significant limitations. The integration between parliament and the executive may increase the efficiency in decision-making, but it inhibits the principle. Separation of powers in Britain is still unclear. The use of the uncodified constitution only worsens the situation as there is no written requirement for the separation of powers.

The supremacy of the parliament is the most significant principle of Britain's uncodified constitution. Parliament is the supreme lawmaker, and no institution has the power to undo or overrule the laws. This principle gives parliament power to provide guidance and to inhibit specific government strategies. Thus, the executive must ensure control over parliament because it is the only means through which the government can operate efficiently. Without parliaments' support, the executive will become insufficient and insignificant. The executive will not pass laws and make changes without parliament's help. This characteristic is important because it defines all other principles. The executive cannot use the judiciary to affect the rule of law because parliament has the power to change any code. Without a parliament, the executive has no alternative for problems that require legislation. Hence, the principle of supremacy of the parliament defines the other tenets of the constitution. However, the executive ensures order by controlling parliament through majority membership. The prime minister is the leader of the majority in parliament and uses the majority to push for specific laws. The crown also has significant influence over parliament. The queen is a member of parliament, and the two houses cannot pass any legislation without the queen.

Bibliography

The Act of Settlement 1700. Retrieved from https://www.legislation.gov.uk/aep/Will3/12-13/2

Alder, John. General Principles of Constitutional and Administrative Law. Palgrave Macmillan. 4th edition. 2002. Retrieved from https://hvtc.edu.vn/Portals/0/files/635811918289895863[John_Alder]_General_Principles_of_Constitutional_(BookFi.org)(1).pdf

European Communities Act 1972. Retrieved from: https://www.legislation.gov.uk/ukpga/1972/68/contents

Gecer, Ahmet, Emrah. The Principle of Parliamentary Supremacy in the UK Constitutional Law and its limitations. Ankara Bar Review. 2013. Retrieved from http://www.ankarabarosu.org.tr/siteler/AnkaraBarReview/tekmakale/2013-1/6.pdf

Gordon, Michael. "The UK's Fundamental Constitutional Principle: Why the UK Parliament Is Still Sovereign and Why It Still Matters." King's Law Journal 26, no. 2 (2015): 229-251.

House of Commons. Political, and Constitutional Reform Committee. The Uk Constitution: A Summary, With Options For Reform. March 2015. Retrieved from https://www.parliament.uk/documents/commons-committees/political-and-constitutional-reform/The-UK-Constitution.pdf

Human Rights Act 1998. Retrieved from https://www.legislation.gov.uk/ukpga/1998/42/contents

Syrett, Keith. The Foundations of Public Law: Principles and Problems of Power in the British Constitution. Macmillan International Higher Education, 2014.