Parliamentary self government
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There is no denying the fact that Parliament is positioned in the supremacy
of any government and very ethically, it is the strongest parliamentary feeling
in the political organization and as such the political scientists have made
their energetic efforts to find out their sources of political powers. Some
well-known personalities like John Austin, Wilson, Hans Keelson and HLA Hart
have always ransacked to unearth out the ways and means with which the source of
power can be identified. In defining the conceptual factors of law, they
realized only in the identification of sovereignty as the valid source of
law.
In finding out the conceptual background, UK being historically a monarchical state always looked upon the King and the Queen as the source of ultimate power to maneuver the state. With the reduction of King's prerogative powers there came a correlative rise in the sovereignty of Parliament. As an ultimate target to interpret the source of power, the King and the queen has been preferred as the main code of law which affixes some reduction of power rather than uniformity as envisaged in democratic government.
The classical definition of sovereignty offered from a constitutional law
rather then jurisprudence standpoint is that of A.V. Dicey drew a stern
disjointing between legal and political sovereignty, where people hold political
sovereignty, whilst legal sovereignty rests with the "Queen in Parliament". And
this doctrine is the main concept of the UK. While judges interpret law they
always keep it in their mind that what was the intention of the parliament about
those matter. According to Dicey Parliament is legally sovereign due to three
basic rules:
1. Parliament is the supreme law making body and may enact laws on any subject matter.
2. No parliaments are bound by its predecessor nor bind its successors.
3. No person or body, including a court of law may question the validity of Parliament's enactment.
According to Dicey, Parliament is the supreme law making authority and may
legislate on any topics. In UK as there is no written constitution,
parliamentary system is focal point. For example-Septennial Act, 1715, the life
of parliament remains for a definitive period of time. Parliament possibly will
grant independence to dependent states as exemplified by Zimbabwe Independence
Act, 1979 and Nigeria Independence Act, 1960. Although the general force of law
remains in demonstration and utilized for the cause of the preservation of human
rights.
In finding out the conceptual background, UK being historically a monarchical state always looked upon the King and the Queen as the source of ultimate power to maneuver the state. With the reduction of King's prerogative powers there came a correlative rise in the sovereignty of Parliament. As an ultimate target to interpret the source of power, the King and the queen has been preferred as the main code of law which affixes some reduction of power rather than uniformity as envisaged in democratic government.
1. Parliament is the supreme law making body and may enact laws on any subject matter.
2. No parliaments are bound by its predecessor nor bind its successors.
3. No person or body, including a court of law may question the validity of Parliament's enactment.
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