Legislative Supremacy of Parliament and the Separation of Powers Essay

Legislative Supremacy of Parliament and the Separation of Powers - Essay Example Constitution in a codified form is one which is written or contained in a single document and is a single source of law in a state. There are 3 types of constitution:- 2) Entrenchment - It is the second fundamental feature of constitution. It tells us whether the constitution is legally protected from modification without a procedure of constitutional amendment or not. The procedure of modifying a constitution is called amending. Amending an entrenched constitution requires wider acceptance. 3) Distribution of sovereignty - Sovereignty means right to have a full control over a governance's area by a group of people or an individual. Sovereignty is an important part of constitution and it is located or seen in a state. There are three types of distribution of sovereignty: 4) Separation of powers - Constitution usually explicitly divides power between various branches of government. The standard model, described by Baron de Montesquieu, involves three branches of government: executive, legislative and judicial. Constitutions vary extensively between these branches. 5) Lines of accountability - This feature of constitution explain that who is accountable to whom. In other words we can say that who has the right or the supreme power to appoint or dismiss the ministers. Parliamentary supremacy or legislative supremacy is a well known concept in law that applies to parliamentary democracies. ... 2) Lower house known as the 'House of Commons'. 3. The third component of parliament is 'Queen'. 4. The government of UK is a parliamentary democracy and a constitutional monarchy. 5. UK's constitution is uncodified. 6. UK's constitution is not entrenched i.e. no special procedure is required for modification. 7. UK's constitution is unitary i.e. sovereignty is ultimately contained at the centre. In other words we can say that sovereignty resides only in the centre of the state. 8. UK's constitution throws a light on the concept of separation of powers i.e. it involves three branches of government: executive, legislative and judicial. 9. In UK's constitution the line of accountability derives from the monarch or head of state, a component of Parliament. Definition of Parliamentary supremacy and Separation of powers:- Parliamentary supremacy or legislative supremacy is a well known concept in law that applies to parliamentary democracies. Under this a legislative body has absolute sovereignty i.e. it is supreme to all other government institutions. In other words, it is the supreme power and has all the authority and it may change or repeal any prior legislative acts. Parliamentary supremacy exists in the United Kingdom and New Zealand. The doctrine of parliamentary supremacy may be summarized in three points: Parliament can make law concerning anything. No Parliament can bind its successor (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament). No body except Parliament can change or reverse a law passed by Parliament. Separation of powers is a political doctrine (In Latin known as "doctrina", which means code of beliefs or a body of teachings or instructions.) under which the legislative (a type of representative