Parliamentary Sovereignty
Based on A.V Dicey’s theory on parliamentary sovereignty, one of the main features of the legislative organs of the country has unlimited law making power. This means that the legislature or the parliament may enact law or amend them without subject, period and location limit. This is because the legislature is not an entity created by the constitution. Thus, the power of the legislature is not subject to any limitations. In the case of Mortensen v Peters , it illustrated that the sovereignty of parliament is unlimited geographically. The court recognized and enforced Act of Parliament which applies outside of the United Kingdom. Hence, the parliament, if it wishes, may legislate to outlaw smoking on the streets of Paris. However, this does …show more content…
In a country like the United Kingdom that practice parliament sovereignty, the parliament has no limitations in amending or enacting laws. This includes laws that might even infract the society’s welfare and liberty. On the contrary, in a country that practices supremacy of the constitution like Malaysia, the limitations imposed on the parliament prevents any law to be passed inconsistently with the Federal …show more content…
Its freedom to legislate must not be limited or encumbered by anything the previous Parliament had done, if it is to be sovereign today. In addition, it follows that the present Parliament could not bind the future Parliament.
In the case of Ellen Street Estates v Minister of Health, it illustrated that the amount of compensation was to be paid on the compulsory purchase land. The principles for calculating compensations were laid down in the Acquisition of Land (Assessment of Compensation) Act 1919. It was argued that this applied to future as well as the past legislation. Hence, it overrode the provisions of the Housing Act 1925, which without repealing the 1919 laid down a less generous method for calculating compensation. The court rejected the argument and based its judgment firmly on the doctrine of implied repeal. Then, Maugham LJ stated that, “The legislature cannot, according to our constitution, bind itself as to the form of subsequent legislation, and it is impossible for Parliament to enact that in a subsequent statute dealing with the same subject-matter there can be no implied repeal.”
Therefore, it is clear that no past legislation of the Parliament is binding towards the present Parliament, vice
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