Posted by Chester Morton / Monday 21 November 2016 / No comments
The limitations of Supremacy of Parliament
Introduction
Though parliament is credited with an enormous amount of
power, leading to the belief that parliament can do anything except to change a
woman into a man or the other way round. However, this does not seem to be the
case in reality.
WHAT ARE THE LIMITATION TO THE SUPREMACY OF PARLIAMENT?
Periodic elections
One of the limitations to the Supremacy of Parliament is
periodic elections. It does not matter how long the parliament is mandated by
law to exist. At some point, the law allows that there should be elections to
renew the mandate of the parliamentarians, some of whom may lose their seat.
Power of the Prime
Minister
Another limitation to the Supremacy of Parliament is the
power of the Prime Minister to dissolve parliament. This can happen before the end
of the lawful term of parliament. When this happens, there has to be a new
election and the face of the parliament may not be the same as the previous
one.
Public Opinion
Another limitation is the existence of public opinion. The
public can bring pressure to bear on the parliament to pass or not to pass
certain laws. In Ghana, public pressure forced government to withdraw the Value
Added Tax and parliament had to reduce the percentage point before it was
reintroduced.
Membership of International Organizations
The membership of countries to other international
organizations can serve as a limitation to the powers of parliament. For
example, before Britain voted to leave the European Union, any law passed by
the British parliament that conflicts with a law passed by the European parliament
becomes subservient to the European Union law.
Constitutional checks
In countries that have written constitutions, the
constitution specifically puts a limit on the powers of the parliament. In Ghana,
the constitution stipulates that parliament cannot pass any law with
retrospective effect. This being so, the parliament cannot be said to be
supreme or sovereign.
Procedural limitations
Parliament is a well regulated institution where procedures
must be followed to the letter in the carrying out of their functions. The fact
that these parliamentary procedures cannot be sidetracked without consequences,
one can say it serves as a limitation to its supremacy.
SAMPLE QUESTION(S)
1. Explain six limitations on the powers of the legislature.
Also read the concept of Supremacy of Parliament
Also read the concept of Supremacy of Parliament
