Parliamentary Sovereignty Coursework Example | Topics and Well Written Essays - 1250 words

Parliamentary Sovereignty - Coursework Example During the 1880s, Oxford Professor A.V. Dicey proposed a theory of Parliamentary sovereignty that encompassed a hierarchal constitutional structure with Parliament reigning supreme. Dicey’s theory of Parliamentary sovereignty has wielded significant influence over definitions and concepts of Parliamentary sovereignty until recently. Specifically, Dicey argued that Parliament, elected by and representing the public, had the authority to make and unmake any law. Moreover, according to Dicey, the power of Parliament is so absolute that no other body has the authority to â€Å"override† an act of Parliament. Essentially, Dicey’s theory of Parliamentary sovereignty holds that Parliamentary sovereignty is binding on Parliament and even Parliament as omnipotent as it is, is powerless to alter Parliamentary sovereignty. In more recent times there has been a shift toward a new form of constitutionalism that recognizes restrictions to Dicey’s theory of Parliamentary sovereignty. In fact, the decision in Jackson and Others, specifically identifies two limitations on Dicey’s theory of Parliamentary sovereignty. Although, the Appellate Committee of the House of Lords agreed that the Parliament did have the authority to pass the Hunting Act 2004, which was the subject of challenge in Jackson, the dicta revealed â€Å"deep divisions† among the Lords on the Diceyan view of an omnipotent Parliament. In particular Lord Hope identified two ways in which Parliamentary sovereignty has been limited: the court’s ability to determine whether or not an Act of Parliament satisfied procedural propriety and the rule of law which permitted judicial review of administrative actions and decisions. 8 Lord Hope’s observation that there has been a gradual decline in Parliamentary sovereignty is