Constitutional in today’s society. Ultimately, in theory

Constitutionaltheorist, A.V Dicey views parliamentary sovereignty to be based on four rules; Parliamenthas the right to make and unmake laws, no person or body can challenge this,parliament can regulate activities of anyone, anywhere and that parliamentcannot bind its successors.1The UK constitution is uncodified and parliament is regarded as sovereign, thismeans it has supreme power. For instance, the highest form of law in the UK isan Act of Parliament, which no court can refuse to apply.

                                                               Although,parliamentary sovereignty is a key principle of the UK constitution, it isfundamentally flawed as the limitations that exist undermine its power, andthis will be discussed using case law. Today, parliament holds superiority notonly over the other branches in the UK constitution, but essentially allconstitutional principles, which speaks volumes for its relevance today. Associety has progressed, it could be argued that Dicey’s traditional account hasbeen proven inaccurate in practicality, especially in today’s society.Ultimately, in theory his view is still widely believed as correct as LordBingham stated, ‘the bedrock of the British constitution is…The supremacy ofthe Crown in parliament.’2However, the pragmatism/reality behind Dicey’s account of parliamentarysovereignty is questionable and this essay will debate the extent of itsrelevance today.  Historically,sovereignty was held by the monarchs.

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Over time the power shifted as ideologychanged and now parliament holds the power. The Bill of Rights 1689,established the concept of parliamentary sovereignty in the UK.3 Thereare limitations regarding parliamentary sovereignty and it could be argued thatthe inclination of the EU membership, devolution and the fact parliament cannotbind future parliaments are limitations.1  Dicey, ‘Introductionto the study of the law of the constitution’ (1855)2 R(Jackson) v Attorney General 2005UKHL at 93 Billof Rights Act 1689, (1)


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