British Constitutional Law

1. INTRODUCTION
 "Parliament can do everything but make a woman a man and a man, a woman".
(De Lome)

 "The Power and Jurisdiction of Parliament is so transcendent and absolute, that it cannot be
confined either for causes or persons-within any bounds"
(Coke)
The U.K. Parliament is the oldest institution in the field of legislation 'and has Sovereignty and
Supremacy in U.K. Governmental System. It was not till the Glorious revolution of 1688 that the
Supremacy of Parliament was established.
2. CONSTITUENT OF PARLIAMENT:
The U.K. Parliament Consists of the following institutions.
I. The House of Commons
II. The House of Lords
III. The King
3. MEANING OF PARLIAMENTARY SOVEREIGNTY:
I. ACCORDING TO PROF. KEITH:
"The Sovereignty of Parliament means that Parliament is the Supreme Power of the State in the Sense that
it can make or unmake any law, that courts will obey its legislation, nor is there any power in the state
capable of overriding, curtailing or prescribing its authority".
4. PRINCIPLES OF PARLIAMENTARY SOVEREIG-NTY
The Parliamentary Sovereignty can be understood by taking into. consideration the following principles of
U.K. Constitution.
i. The legislative Sovereignty of Parliament.
ii. The complete Supremacy of Ordinary law through the Constitution.
iii. The dependence of the conventions upon the law of the Constitution.

5. EXPOSITION OF PARLIAMENT-AR Y SOVEREIGNTY:

Parliamentary Sovereignty implies following three things
i. The right to make or unmake any law whatever. Parliamentary Sovereignty implies following tree
things and to alter or repeal any law.

 Cheney vs. Conn:

It was held that what Parliament enacts cannot be unlawful.
No person or body of persons in U.K. has a right to override or set aside the legislation of parliament.
  CASE OF SHARIFF OF MIDDLE SEX:
"It was held that Court can not interfere with the mattes and decisions of the Parliament"
This, authority of Parliament extends to every part of British Dominions.
6. EXAMPLES OF PARLIAMENT-ARY SOVEREIGNTY:
The U.K. Parliament has attained Supremacy Gradually with the passage of time. its Supremacy may he
discussed under following heads.
i. Supremacy as Regards to Public. Rights.
ii. Supremacy as Regards to Private Rights.
SUPREMACY AS REGARDS TO PUBLIC RIGHT:
(i) Bill of Rights 1689:
The Provisions of Bill illustrate that how the Parliament became defacto Sovereign of the State.
The Bill sought to remove legislative and judicial abuses and to secure the privileges of Parliament. For.
Example it states:
(a) The election of members of Parliament ought to be free.
(b) The power of the King of Suspending or dispensing with laws without the assent of Parliament
is illegal.
(ii) The Act of Settlement 1701:
This Act shows that the King occupies a throne not because he was a member of the Royal Family,
but under Parliamentary title.
(iii) Acts of Union with Scotland (1707) and with Ireland (1800):
By passing these two Acts, Parliament made Scotland and Ireland parts of the U.K.
(iv) The Septennial Act of 1718:

It establishes that there was nothing to prevent Parliament from perpetuating its existence from the
legal point of view.

(v) Act of Indemnity:

By virtue of these Statutes Parliament legalizes acts of persons which when committed, vs,ciL
illegal and thereby frees them from the liability arising out of the breach of the law.
(vi) The Parliament Act of 1911: -
This Act curtailed the powers of the House of Lords. All legislative power relating to Money Bills
was taken away from the House of Lords.
(vii) The Statute of Westminster 1931:
Under this Act the Dominion legislature were granted full legislative authority.
II. SUPREMACY AS REGARDS PRIVATE RIGHTS:
Parliament also has established its Supremacy by interfering with the private rights. According to Coke
following Are the instances of Parliamentary Sovereignty.
(i) It may adjudge an infant or minor, of full aye
(ii) It may naturalize an alien.
(iii) It may legitimize an illegitimate child.

7. LIMITATIONS ON THE PARLIAMENTARY SO VEREIG-NTY:

There are two kinds, of limitations on Parliamentary Sovereignty
(i) Alleged Limitations
(ii) Actual Limitations

I. ALLEGED LIMITATIONS:
(i) Moral Law: It is asserted that an Act of Parliament is invalid if opposed to spirit of morality.
 CRITICISM: As regard moral law, it may be stated that though judges may make casual remarks
about certain laws, yet they are bound to implement an Act passed by Parliament.
(ii) Royal Prerogatives: In many fields, the royal prerogative operates and the Sovereignty of
Parliament is excluded.
 CRITICISM: The prerogatives are completely subordinate to Parliament which can abolish or
control them in the manner it likes.
(iii) PRECEDING ACTS OF PARLIAMENT: Some Statutes have tended to direct the Course
of future legislation and it appears that they could not be repealed in future.
 CRITICISM: A Sovereign power cannot limit its own sovereignty. An act may he passed by a
Parliament in one Session and repealed in the subsequent.

II. ACTUAL LIMITATIONS:

These limitations may be either
A. External, or
B. Internal

A. EXTERNAL LIMITATIONS:
The Sovereignty of Parliament is subject to the force of public opinion parliament may pass any
law so long as it is backed by the political sovereign viz., the elector.
B. INTERNAL LIMITATIONS:
The internal check comes from the sovereign power itself. They would not make laws against the
wishes of the people.
8. OTHER LIMITATIONS ON PARLIAMENTARY SOVEREIG-NTY:

i. RULE OF LAW:
Parliament cannot make a law opposed to the rule of law.
  "West Rand Gold 14' Crown:" mining Co.vs. The Crown;”
"It was held that if Parliament passes a law, it imperils its own Supremacy”
ii. STATUTE OF WESTMINISTER 1931.
By virtue of the statute of Westminster Act 1931, the Dominion Constitutions cannot be altered or on
the by Parliament except with the consent of dominionesn ed
INTERNATIONAL LAW: While interpreting the Statute the Courts proceeds on the assumption that
Parliament did not intend the principles of International Law. to violate IV. JUDICIAL
INTERPRETATIONS: It is claimed that the judges through judicial interpretations have the power to
legislate but in reality no case law can ever be in opposition to statute law passed by Parliament. 9-
CONCLUSION: To conclude, I can say, that the Parliament is the highest authority in England concerning
all matters of state. It can enact, amend alter or repeal any law whatsoever at any time The sovereignty of
Parliament is theoretically unlimited. As said by Burleigh, "England could never be "ruined but by a
Parliament".
Dr, ibr,
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