Parliamentary Sovereignty

Also referred to as parliamentary supremacy, parliamentary sovereignty is whereby the parliament is given absolute powers over other government institutions. In this concept, there is no any other body or arm of the government that shall go against the decision that is made by the parliament. Under this constitutional law concept, the parliament is accorded the sole power of making any change or repealing certain sections of the legislations. Parliamentary sovereignty gives the parliament to even repeal legislations that are made by other government organs in the event that it feels it is not satisfactory.

Apart from just ending any law, this concept also gives the parliament the supreme authority of creating laws. Under no circumstance shall the courts overrule the decision of the parliament with regards to the legislations of the land. Besides, no parliament is able to come up with pieces of legislations that cannot be altered in future. Generally, the context and composition of all legislations begin and stop with the authority of the parliament and nobody can overturn that decision.

Today, there are many countries across the world that applies the concept of parliamentary sovereignty. The UK is the notable example whereby the concept is regarded as one of the main principles of the constitution. Other countries that also exercise parliamentary sovereignty include Finland, New Zealand among others. In these countries, the parliament is regarded as the ideal body that represents the interests of the people, thus, expected to ensure that there are legislations that can protect those interests. Since parliamentary members are elected by the public, it is believed that it is best placed in a position of advocating for their rights.

In most occasions, it is said that the courts are the ones that has the jurisdiction of ensuring that justice is served. However, parliamentary sovereignty stipulates that the courts have to abide by the legislations or decisions that are made by parliament. This means that all decisions that are made by the courts or any other organ of government must be subject to the laws that are made by the parliament. In fact, this concept gives parliament the authority to overrule judgments made by any court of law in the event that it feels that the decision is not in accordance with the outlined provisions.

Over the years, there have been numerous concerns from most people on the supremacy of the parliamentarysovereignty. The fact is that in countries where the concept is being applied, there is no doubt about the absolute power of parliament since not even the Supreme Court has the power to shoot down any legislation passed by it. The duty of the courts is precisely to interpret the laws made by the parliament and develop it in case where it is necessary. Parliament reserves the right to formulate all public policies.

Despite the merits that can be derived from parliamentary sovereignty, it may also have great disadvantages since those elected to parliament may misuse this absolute authority for their personal gains against the wishes of the public.

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