Posted by Chester Morton / Monday 21 November 2016 / No comments
The concept of Supremacy of Parliament
Definition of Supremacy of Parliament
Supremacy of Parliament refers to the power of the body to make laws on any matter at all without coming under the influence or scrutiny of any other body. This takes many forms.
Supremacy of Parliament refers to the power of the body to make laws on any matter at all without coming under the influence or scrutiny of any other body. This takes many forms.
Laws with retrospective effect
Parliament has the power to pass a law that takes effect from
a time when a breach of that law was not an offense. In other words it takes
retrospect effect. On the hand, it could also pass a law that makes an action
legal when before the passing of that law was not legal.
No court of law can overrule its laws
Supremacy of Parliament also means that when the parliament
makes mistake in the passing of any law, no other body can correct this
mistake. Only the same parliament can correct the mistake.
Power to impose forms of government
Another ramification of the Supremacy of Parliament is that,
parliament has the power to determine the type of governmental system to be operated
in the country. Parliament can choose to pass a law to practice a capitalist or
socialist system of government.
Power to regulate its lifespan
Power to regulate its lifespan means that parliament can
extend how long or how short it stays. For example, if the parliament is
supposed to sit for four years, this can be extended by another three years to
a seven year term. It could also be shortened its lifespan from seven to five
years or less.
Power to impose a new religion
Parliament has the power to impose any form of religion it
deemed fit on their people. For example, at some point, the British were Catholics
but parliament but parliament pass a law to replace Catholicism with
Protestantism.
Control of public purse
Supremacy of Parliament also means that without the approval
of parliament, nobody can draw money from the national kitty. This is the
reason why every executive must take its budget to parliament to be discussed
and passed into law.
The powers that parliament wields has led some to conclude
that the British Parliament can do anything except to change a man into a woman
or vise versa.
SAMPLE QUESTION(S)
1. a. Explain the concept of Supremacy of Parliament.
b. Highlight five features of Supremacy of
Parliament.
2. Highlight six implications of the concept of Supremacy of
parliament.
