Parliamentary Sovereignty example

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Parliamentary Sovereignty

The concept of parliamentary supremacy is critical for the U.K. The country has long developed the tradition of the parliamentary supremacy over the other acts. The parliament is considered to be the representative body of the entire nation and, therefore, no other agency or affiliation can challenge its authority. The acts passed by the parliament have the supremacy over all the other acts adopted by other agencies or minister Ira and the judiciary cannot review or appeal them. The parliament was primarily responsible for the adoption of new laws, their amending or repealing in case it deemed it to be necessary.

Such state of affairs remained until 1972 when the U.K. signed the European Communities Act of 1972 that provides for the supremacy of the European acts over the acts of the national legislatures. It has been stressed that the supremacy concerns only the most fundamental decisions, the ones on which the EU institutions have the authority to legislate. For certain period of time the country managed to preserve the status quo in regard to this issue (Centre for European Reform, 2014). The parliament did not pass the law that would contradict to the EU laws whereas the courts interpreted the regulations in accordance with the doctrines envisaged on the EU laws. The first dispute, however, occurred eventually in the Factorname case (“UK and the EU: Better off out or in?”, 2015). The court decided that the EU laws were to be applied as they held the supremacy over the national law. The court asserted that the parliament of the U.K. signed the European Communities Act and obliged, therefore, to its provisions, namely the one that concerns the subjectivity of the national laws to the provisions envisaged on the EU laws. Overall, the authority and the scope of the influence of parliament shrieked significantly as it basically gave up on some of the areas important for the country (Dhingra, et al , n.d.). On the other hand, it should be stressed that the legislating duties of he EU institutions are strictly enumerated in the EU laws. They mainly concern the functioning of the union and in general, they do not lead to the significant interventions into the internal affairs of the country.

Yet, it was so until the Treaty of Lisbon that aimed to transform the EU from a political union into the international community more resembling to the state or confederation, to the least. The Treaty has provided for the extended competencies of the EU institutions which meant that the later could pass the regulations that actually affected the citizens if the member states directly (Bernstein, 2010). The measures that followed this Treaty supported the allegations regarding the transformation of the EU. The parliaments of the states were expected to grant more powers and authority to the EU legislating institutions that were becoming more representative and which we expected to act in the interests of the union more than in the interests of the nation states. …

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