barbie13
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I have an informative essay to do which is due in just over a week...

'Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK's statutory recognition of human rights. We should no longer talk about this irrelevant doctrine'.

Critically discuss this statement.

I know this may sound a bit daft but.. 'we should no longer talk about this irrelevant doctrine' is that referring to the idea of parliamentary sovereignty being old fashioned? because thats how I'm reading it and I just dont want to look silly if I go write about it and then find out its completely wrong?
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Payson.Keeler.
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You're right, it's concerning the old natured fashion of parliamentary sovereignty, and its irrelevance. I covered the same question in Politics this year.
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barbie13
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Thank You!
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Clip
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(Original post by barbie13)
I have an informative essay to do which is due in just over a week...

'Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK's statutory recognition of human rights. We should no longer talk about this irrelevant doctrine'.

Critically discuss this statement.

I know this may sound a bit daft but.. 'we should no longer talk about this irrelevant doctrine' is that referring to the idea of parliamentary sovereignty being old fashioned? because thats how I'm reading it and I just dont want to look silly if I go write about it and then find out its completely wrong?
I'd be pretty certain that's what it's asking.

But I'd give you top marks for an essay about why we should no longer talk about an irrelevant doctrine of Human Rights.
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LawDreamer
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I have exactly the same essay to do. You're not in Liverpool are you? Anyway it's basically the fact that EU law is primary to UK law so Parliamentary sovereignty is no longer really true. I'm still learning myself though, you need to break down the statement and right whether you think it's true, and why you think it's true or not.

Mines 1500 words so not to big, i've been reading the papers like guardian online and there's loads of stuff going on at the moment, over that referendum vote and all the tory revolt over it. It's for feed back but still want to do a good essay.
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LawDreamer
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oh , I think it's more than old fashioned , more like doesn't exist anymore, although the UK can pull out of EU, but doesn't look likely
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username196545
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Just bang on about the Maastricht treaty. Yawnnn.
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Mr Inquisitive
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What an interesting question - you'll have to let us know how it goes.
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barbie13
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(Original post by LawDreamer)
I have exactly the same essay to do. You're not in Liverpool are you? Anyway it's basically the fact that EU law is primary to UK law so Parliamentary sovereignty is no longer really true. I'm still learning myself though, you need to break down the statement and right whether you think it's true, and why you think it's true or not.

Mines 1500 words so not to big, i've been reading the papers like guardian online and there's loads of stuff going on at the moment, over that referendum vote and all the tory revolt over it. It's for feed back but still want to do a good essay.
Lawdreamer yes I am in Liverpool! haha! thanks for your input! who's your tutor for public law?
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Alfiep
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I'd steer well clear of saying outright that the EU has made parliamentary sovereignty obsolete. Parliament is still sovereign, and that is incapable of changing without extreme and deliberate constitutional upheaval.

EU law takes priority over homemade law because of a convenient legal fiction that parliament intends to make legislation compliant with EU law, and judicial trickery when this isn't the case. Were parliament to explicitly contravene an EU regulation and state that its statute took priority, English courts would follow it.

And with the EU looking closer to breakup than it ever has before, the ultimate right of parliament to sanction a withdrawal from the Union makes nonsense of the idea that it is subordinate.

Indeed this concept seems to be recognised by and built into EU law itself, with the absence of an orderly exit procedure. In the absence of such a procedure a state wishing to leave, whose legislative and judicial functions were not independently sovereign, would be constitutionally unable to leave the union. This must point to an acceptance by the EU legal order that MS legislatures remain sovereign- unless you're willing to impute a coercive motive to the evil brussels eurocrats.
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LawDreamer
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When I finished my essay I came to the conclusion that sovereignty has basically been taken away, but the issue is confusing because the UK could leave the EU. So it's like a catch 22 situation. If it can do that then has it retained sovereignty?

I have Mike Gordan for Public Law, hes good.
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futureQC
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Hi,
I had this essay in my first year and concluded that EU law is only supreme because the UK government allows it. As you say, it could simply repeal the ECA 1972.
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TurboCretin
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(Original post by barbie13)
I have an informative essay to do which is due in just over a week...

'Parliamentary sovereignty is a constitutional relic. It has been rendered obsolete, in particular, by the supremacy of EU law and the UK's statutory recognition of human rights. We should no longer talk about this irrelevant doctrine'.

Critically discuss this statement.

I know this may sound a bit daft but.. 'we should no longer talk about this irrelevant doctrine' is that referring to the idea of parliamentary sovereignty being old fashioned? because thats how I'm reading it and I just dont want to look silly if I go write about it and then find out its completely wrong?
The UK has given an external body the right to override its laws, but retains the right to revert that. Does that mean that Parliament is sovereign or not? That is one paradox which you should be addressing.

Another concerns the tension with the rule of law.
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Smiami78
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Oh god this essay has been going for years!! It seems Mike must love it! Good Question, I was wondering the same thing :/
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MrTurks
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I'm doing this exact same question right now. May seem simple but it really isn't.
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sammiejadeboo
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I'm doing it right now as well, literally keep hitting a wall.
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Smiami78
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I have just completed mine, due in tomorrow! Good luck. Definitely far from simple 😕
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Smiami78
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Great minds eh
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bettylow2014
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#19
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Hi, i also have an essay to do on parliamentary soverignty, but not sure if its similar to the above... the question given to us is this;
'Critically discuss whether the principle of European Law primacy conflicts with the constitutional doctrine of Parliamentary Soverignty.'
could someone please help as i am struggling on how to prepare for it and start it.

Thanks!
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Calixthe11
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I am at the uni of liv and we have been given this question lol I am so glad i read these comments because i understand the question a lot better now
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