Constitutional Law Article Example | Topics and Well Written Essays - 3500 words

Constitutional Law - Article Example Parliamentary sovereignty has three elements: (1) Parliament can make any law whatsoever and no body or any court can question any Act of Parliament; (2) no Parliament can bind either itself or any of its successors; and (3) no limit can be placed on the territorial extent on any of the Acts of Parliament. The first of the elements is known as the Enrolled Bill doctrine. It states that the duty of the judiciary with regard to the statutes of Parliament is to analyze through the Parliamentary Roll and nothing more in addition to it and that the judiciary must give fundamental respect and conclusiveness over whatever acts of Parliament, especially if it is with regard to the statutes passed therein. The second main element is known as the implied repeal rule which states that subsequent Parliaments can expressly or impliedly repeal any previous passed statutes made by the present and past Parliaments for the reason that subsequent parliaments possess the same powers and authority to all prior parliaments that ever existed. Further stating that the implied repeal rule also shows that the past Parliaments cannot hinder future parliaments from exercising their legislative authority. The last main element is known as the territorial extent doctrine which emphasizes that parliament can enact statutes that are outside its territorial jurisdiction of the United Kingdom, such as the High-jacking Act of 1982, it states that high-jacking is punishable even if the crime is committed outside the territorial jurisdiction and sovereignty of the United Kingdom. Some limitations to this provision exists, such as that when the law requires that a certain procedure must be done in order that previously enacted statutes may be amended. An example is the requirement of a referendum among the people of Northern Ireland with regard to the concern of some of its territories. In the Manner and Form thesis it clearly defines the limits where the courts may intervene and even to point of invalidating an act of legislature such as with regard to those procedures and compositions but not on the area of its exercise of power. Therefore implying that it's power to change the law includes the power to subsequently change the law which will affect itself because the legal sovereign may impose on itself some legal restriction upon its acts. This is a contentious issues as long as the enrolled doctrine bill is in effect and recognizing both Parliament and the courts of law. Another big challenge to the Supremacy of the Parliament are the legal effects of the European Community which is incorporated in the UK legal system through the European Communities Act of 1972 and was asserted in the case law Mccarthys v Smith Jackson 3 (1979) 3 All ER 325 which states that specific Treaty as not only in aid of legislation and legal implementation but as having the force and effect of law which must be given priority over and above other national laws. Taking into consideration the Factortame cases which give the distinction as what kinds of repeals parliament can make with regard to treaties are concerned. This is shown in pertinent cases that parliament just cannot just impliedly repeal acts which have conflicts with the international treaties signed by the UK but may do so if there is an express repeal. As evidenced by a statute that was