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mtr11
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how to write essay on to what extent does parliament remain sovereign
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Abstract_Prism
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Off the top of my head, you may want to consider the following points:
  • Influences of the EU and the Human Rights Act, e.g. Belmarsh Case
  • Royal Prerogative and the ways in which the Prime Minister exercises it e.g. Tony Blair's 2003 Iraq invasion

Ways in which Parliament is sovereign:
  • Uncodified and unentreched constitution mean that Parliament is not bound by the decisions of previous Parliaments and so can pass any law that it wants
  • Fixed Term Parliament Act 2010 appears to be binding but in reality any subsequent Parliament could repeal it
Essentially the crux of your argument is going to be that there is no codified constitution, so Parliament is not restricted in the laws it can pass. In practice however, the royal prerogative and the EU limit Parliament's sovereignty. Use the examples I gave to help.
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mtr11
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Thank you.could you expand more upon the Eu and how parliament has lost political sovereignty
(Original post by Abstract_Prism;[url="tel:63364119")
63364119[/url]]Off the top of my head, you may want to consider the following points:
  • Influences of the EU and the Human Rights Act, e.g. Belmarsh Case
  • Royal Prerogative and the ways in which the Prime Minister exercises it e.g. Tony Blair's 2003 Iraq invasion
Ways in which Parliament is sovereign:
  • Uncodified and unentreched constitution mean that Parliament is not bound by the decisions of previous Parliaments and so can pass any law that it wants
  • Fixed Term Parliament Act 2010 appears to be binding but in reality any subsequent Parliament could repeal it
Essentially the crux of your argument is going to be that there is no codified constitution, so Parliament is not restricted in the laws it can pass. In practice however, the royal prerogative and the EU limit Parliament's sovereignty. Use the examples I gave to help.
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Abstract_Prism
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(Original post by mtr11)
Thank you.could you expand more upon the Eu and how parliament has lost political sovereignty
Belmarsh Case highlights this best. Basically in December 2004 8 Muslims who were terrorist suspects appealed their detention. They were being held without trial. Following judicial review, it was found their detainment was not in accordance with the European Convention of Human Rights, and they were released in March 2005.

If there is a conflict between EU and British law, EU law takes precedence, as was established by the Factortame Case 1991. This shows how the EU holds sovereignty.

However, you've also gotta consider that if Parliament wanted, it could pass a statute saying 'Nope, actually OUR law takes precedence in this case.'

It's kinda like they have delegated some sovereignty to the EU, but the EU only holds that sovereignty because Parliament lets it. So it could take back the sovereignty if it wanted to.

Use the cases to explain all that.

Basically, all public institutions have to oblige by the European Convention of Human Rights (implemented into British law by the Human Rights Act 1998), EXCEPT Parliament. So Parliament can pass a law that does not conform to the ECHR. It simply announces that the Act would be incompatible, which may heavily influence how MPs vote.

To tell the truth, I'm a little confused myself. The Factortame Case demonstrates that EU law takes precedence over UK law. Oh wait, no, that's not the Human Rights Act.

Right, so the Human Rights Act is special. That's the only one that Parliament can set aside, if it wants.

Right, I think that pretty much sums it up.
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mtr11
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Thank you but you got me a bit confused wirh the factor tame case and sad that Eu law is not above uk kaw but no one can touch ECHR
(Original post by Abstract_Prism;[url="tel:63368049")
63368049[/url]]Belmarsh Case highlights this best. Basically in December 2004 8 Muslims who were terrorist suspects appealed their detention. They were being held without trial. Following judicial review, it was found their detainment was not in accordance with the European Convention of Human Rights, and they were released in March 2005.

If there is a conflict between EU and British law, EU law takes precedence, as was established by the Factortame Case 1991. This shows how the EU holds sovereignty.

However, you've also gotta consider that if Parliament wanted, it could pass a statute saying 'Nope, actually OUR law takes precedence in this case.'

It's kinda like they have delegated some sovereignty to the EU, but the EU only holds that sovereignty because Parliament lets it. So it could take back the sovereignty if it wanted to.

Use the cases to explain all that.

Basically, all public institutions have to oblige by the European Convention of Human Rights (implemented into British law by the Human Rights Act 1998), EXCEPT Parliament. So Parliament can pass a law that does not conform to the ECHR. It simply announces that the Act would be incompatible, which may heavily influence how MPs vote.

To tell the truth, I'm a little confused myself. The Factortame Case demonstrates that EU law takes precedence over UK law. Oh wait, no, that's not the Human Rights Act.

Right, so the Human Rights Act is special. That's the only one that Parliament can set aside, if it wants.

Right, I think that pretty much sums it up.
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