Parliamentary Sovereignty Vs Parliamentary Sovereignty

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Differences between Parliamentary sovereignty and Constitutional supremacy

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement without parallels in comparative constitutional law. By giving unconditional power to the Westminster Parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the Malaysian Constitution, whose powers are carefully limited by their respective constitutions. Parliamentary sovereignty is thus seen as a unique feature and a result of the unwritten constitution. If parliamentary sovereignty is to be a legal doctrine, it must rely on a list of powers that belong to parliament as an institution.
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Dicey says that the definition has a positive and a negative dimension. The positive side refers to a power, or set of powers, to bring about valid laws. The negative refers to an immunity, or set of immunities, as against everyone, including the courts, to affect the validity or intended effect of parliament’s laws.

Several consequences followed from these two core features of the doctrine. The British parliament could enact, amend or repeal any law that it wished. No parliament could bind it successors, to preclude them from passing particular laws. All acts of parliament had equal status; in particular, there was no difference between ‘constitutional’ and other
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As we all know, the constitutional supremacy is a written constitution. Hence, it is rigid. As for it is rigid, it requires a constitutional provision which specifically addressing on how to amend a law. It is under the Article 159 of the Federal Constitution. In a constitutional supremacy, parliament is not omnipotent. Its powers are constrained by the constitution. In most constitutional democracies, if a citizen believes that a certain law violates a certain provision in the constitution, she can file an action in a court of law. Courts have the power of judicial review on the constitutionality of legislation. If the court finds that the law does indeed violate the constitution, it can strike the law

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