External sovereignty would relate to the state/UK within the international spectrum and how the state uses its power to influence or be influenced by other states. This ability is said to be sovereign as there is no other power source in the UK that can override parliament legislation. Therefore, if parliament it has power. Power defined by Dhal (1957) as the ability to make
The Judiciary has been assigned active role under the constitution. Judicial Activism and Judicial Restraint are facets of that uncourageous creativity and pragmatic wisdom. Judicial Activism means that instead of Judicial Restraint, the Supreme Court and other lower Courts become activists and compel the authority to act and sometimes also direct the government and government policies and also administration. It is a way through justice is provided to the aggrieved citizens. Judicial Activism refers to the interference of the Judiciary in the legislative and executive fields.
The origin of parliamentary privilege is indistinguishably linked with the history and evolution of the parliamentary institution in England. Broadly, the context of modern day parliamentary privilege refers to the parliament’s stand against executive interference in their working and their struggle over jurisdiction of privata lex. The executive branch of the government diverged from the houses of parliament which lead to difficulty in establishing a place for itself in the framework of the legal system. Consequently, parliamentary privileges are necessary to protect themselves from the inference and power of the monarch and the house of lords in the era. Since the Middle Ages, the House of Commons has been asserting its right to freedom of speech and expression in the face of royal interference from the monarch.
The separation of powers was discussed in the dissenting speech of He said that Parliament, the executive, and the courts each have their distinct and largely exclusive domain. He went on to say that Parliament has a largely unchallengeable right to make whatever laws it thinks right. The executive carries on the administration of the country and the courts interpret the laws and sees that they are
The government is controlling itself while at the same time the states are controlling themselves” –(Answers.com). This definition basically means that the separation of powers they cannot take over one another. They equally have the same amount of power. As in the Judicial branch can govern applying laws that are set up by Congress while, the Executive branch is the president, Vice President, and The Cabinet whose duty is to provide protection against foreign and domestic terrorism in the 50 states. They also Primarily enforce the laws that Congress, but only if the Judicial branch finds those laws to be wrong or unconstitutional.
The United Kingdom’s constitution, because it is unwritten, relies mainly on two constitutional principles: parliamentary sovereignty and the rule of law. There is however what appears to be a “tension” between those two. On the one hand, orthodox legal theory has always said that courts in the United Kingdom are subordinate to the Parliament, which is said to be sovereign. As illustrated by Dicey’s quote, “Parliament has, under the English constitution, the right to make or unmake any law whatever; and, further, no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament” . As a consequence, courts have no power whatsoever to review and declare statutes passed by the Parliament invalid.
Definition of Parliamentary Sovereignty Sovereignty relates to the political and legal concept of ultimate authority in a state and to that state’s freedom from external control, it also means complete, unbridled, supreme power. In a much simpler line legislative sovereignty means that the legislature is the supreme law of the land and no other law or body can challenge it. The doctrine of Parliamentary Sovereignty is a concept of constitutional law(a body of law defining the relationship of different entities within a state mainly the Legislative, Executive and Judiciary) stating that the Parliament is the supreme legal authority of a state having the power to create or end any law independent of its source. Albert Venn "A. V." Dicey KC
They have their own legislations, statutes, precedents, doctrines etc. One such doctrine of Separation of Powers was established in various countries. This doctrine emphasizes the mutual exclusiveness of the three organs of the government. According to this doctrine, the legislature cannot exercise executive or judicial power; the executive cannot exercise legislative or judicial power; and the judiciary cannot exercise the other two powers. This theory is U.S.A. based as they believe that there should be separation between the executive and the legislature.
The doctrine of the separation of powers is clearly committed to a view of political liberty an essential part of which is the restraint of governmental power, and that this can best be achieved by setting up divisions within the government to prevent the concentration of such power in the hands of a single group of men. It shows that, separation of powers also can mean separation of function between different units of government, separation of personnel in the membership of different units of government and checks and balances between different units of government. The system in United Kingdom resembles a balance of powers more than a formal separation of the three branches, or what Walter Bagehot called a “fusion of powers” in The English Constitution. Separation of powers in UK shows that Parliament, executive and courts each have their own power scopes and each should exercise their powers accordingly. Article 16 of the (French) Declaration of the Rights of Man (1789) stated that ’a society where rights are not secured or the separation of powers established has no constitution’.
In the other words, Parliamentary supremacy in Malaysia means that Parliament has the power to enact every laws, and which is must be followed by the people who stay in Malaysia. Generally, the courts cannot against its legislation and no Parliament can pass laws that future Parliaments cannot