Hello, law aficionados! We're back with another dive into our Crunching Concepts series. Today, we'll grapple with a principle that forms the bedrock of the UK constitution - The Crown in Parliament, a concept reflective of parliamentary sovereignty. Strap in as we unpack the potency and consequence of the Crown in Parliament.
Essentially, the Crown in Parliament reflects the seamless fusion of the UK Parliament's trio components: the monarch (Crown), the House of Commons (people's representatives), and the House of Lords (nobility and the spiritual). This principle stands as a testament to the supremacy of Parliament over the judiciary and executive branches, making it the epicentre of all legitimate political power.
Drenched in supremacy, the Crown in Parliament holds significant weight for a slew of reasons:
1. Democratic Governance: Being the manifestation of parliamentary sovereignty, it ensures a propelling system of democratic governance, safeguarding citizens' rights and freedoms.
2. Law Making Power: It resonates the power of Parliament to make, unmake or amend any law without restraint.
3. Collaborative Legislation: The principle accentuates the necessary synergy between Parliament's different components to form, modify or rescind legislation.
• The Parliament Act 1911: This Act curbed the powers of the House of Lords and reinforced the dominance of the House of Commons, mirroring the principle of democratic representation upheld by the Crown in Parliament.
• R v Transport Secretary, ex parte Factortame [1990] 2 AC 85: This case highlighted that UK courts had to prioritize European Community law over domestic legislation, sparking debate about the extent of parliamentary sovereignty under the Crown in Parliament concept.
• European Union (Withdrawal) Act 2018: With Brexit, the UK's decision to exit the European Union, this Act restored the supremacy of the Crown in Parliament by repealing the European Communities Act 1972 and reaffirming parliamentary sovereignty.
At CaseSnappy, we're committed to unravelling abstract legal principles for all at different stages of their journey with the law. We trust our assimilation of the Crown in Parliament has illuminated this foundational facet of UK constitutional law.
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