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  • Essay / Essay on Parliamentary Sovereignty - 1208

    Therefore, Parliament can decree that future legislation repealing a previous law must be passed by referendum. Wade disagrees with Jennings, he argues that parliamentary supremacy was not a legal rule, but a common law that existed as long as the judiciary believed it reflected the political reality of the constitution. He believes that the courts themselves cannot bring about change, but he can recognize change through political change. Political sovereignty is a political fact of life. During the British Revolution of 1689, the judges simply accepted as a matter of policy that Parliament is supreme. In legal facts based on law, the only way to change the supremacy of parliament is to act on the legal bases of constitutions. Regarding the doctrine of parliamentary supremacy, constitutions or any organ of government cannot exercise any power greater than that of Parliament. Parliament is supreme. In traditional theory, courts always apply the Act of Parliament. However, Jennings redefined the sovereignty of Parliament. Typically an Act of Parliament is passed and changing a law with Dicey's theory is done through a combination of the House of Commons, the House of Lords and the Queen's assent. However, Jennings redefined this by removing the House of Lords approvals. Below