This essay was my 1st continuous assessment, by the way :D
* * *
Question:
Evaluate the doctrine of sovereignty in the context of UK membership of the European Union.
Answer:
Under the doctrine of sovereignty, Parliament in the United Kingdom has the power to make laws or overrule customs, delegated legislations, judicial precedent and Acts of Parliament.
The system of Parliamentary sovereignty – also known as Parliamentary supremacy – was based on democratic law-making. Members of Parliament were elected by voters in the constituency. Although this system was supposed to be democratic, some democracy was lost because the Members of Parliament were elected only by a small number of voters. Also, civil servants were involved, giving the system more simplicity. The election is carried out once every five years.
The doctrine of Parliamentary sovereignty can be most easily explained using Professor Dicey's statement. His statement was that "Parliament can make and unmake law". Professor Dicey also provided three main things that Parliament could do. The first was that Parliament could make law whenever it wanted to. Secondly, the decisions made by an Act of Parliament cannot bind future Parliament and in turn, is not bound by previous decisions made by a previous Parliament. Thirdly, an Act of Parliament cannot be overridden or overruled by lower courts.
In general, Professor Dicey's statement proves to be true. However, since the entry of the United Kingdom into the European Union, the doctrine of sovereignty, to some extent, because slightly challenged. While it is undeniable that Parliament has a hold on its lower courts, it is almost as undeniable to say that Parliament lost some of its power when it entered the European Union by passing the European Communities Act 1972.
One such example is in the case of Macarthys Ltd v Smith. In this case, it was shown that Wendy Smith claimed that her male predecessor was given a higher salary. However, since the employer had not hired them at the same time, it could be said that no contract was breached. Despite that, her claim was confirmed by the European Court of Justice on grounds that man and women should be treated as equals and therefore be given the same salary.
Another similar case involved a lady, Connaughton, making a claim stating that after she left her job, the position was offered at a higher pay. To make things worse, the successful candidate, a man, to the post then procured it at a much higher salary than advertised. Thus, the European Court of Justice acknowledged this in a way that was similar to Wendy Smith's case. The only difference was that while Wendy Smith's case had a reference to her predecessor, Connaughton's case had a reference to her immediate successor.
In light of the above statement, the entry of United Kingdom into the European Union did rob the United Kingdom of its absolute supremacy. Since the European Communities Act 1972 was implemented, it became certain that the Community had the higher power pertaining to certain subjects or situations where its Member States were concerned.
While it is possible, in theory, for the United Kingdom to withdraw its membership from the European Union, in practical it could be seen as unwise. This is because in doing so, the United Kingdom would suffer from very
To conclude this evaluation, it is arguable to say that the doctrine of sovereignty related to the Parliament is absolute. However, it is generally perceived as supreme.
Marks: 20/25
~#~
I got higher marks than I did for QT for this, although I totally bullshitted this paper -.-
Alrighty then :) I'll blog more educational posts later :)
CIAO!!
P/S: Please click on my Nuffnang ads :) Thanks!!
No comments:
Post a Comment