Discribe the parliamentary sovereignty from constitutional prespective Essay

Discribe the parliamentary sovereignty from constitutional prespective - Essay Example According to the conventions of the British constitutional law in the past century, it is indicative that the dicey theory was the most influential one among all that were advanced in the century. The theory advanced by lord dicey postulates that the parliament has the right under the English constitution to make or repeal any law irrespective of circumstances. The theory goes further to state that there is no one under the constitution that has the right to override or amend the legislation made by the parliament. Therefore, the theory posits that the sovereignty of the parliamentary made legislation is absolute as long as it is working within the scope of the constitution. Notwithstanding the above ideal postulated by the theory, there are some sophisticated arguments that can be levelled against the doctrine that lord dicey fronts. The argument, notably, challenge the validity of the theory in the light of devolution, European convention on human rights and European union laws. This means that the point of absolute power of the parliament is not valid since there are limitations imposed upon it on the issues stated. Therefore, due to lack of the common point of reference on the absolute power of the parliament made legislations, various authorities in constitutional law have suggested an evaluation of the sovereignty of the constitution from a purely conventional approach. This approach seeks to remove the notion postulated by dicey theory on the supremacy of the parliament made law. As indicated earlier the power of the parliament in making the laws is absolute and it can only be repealed by another parliament. However, some of the scholars in law insist in the absolute power of the parliament in making the laws. This means that the parliament still harbor the right to make the unquestioned law as it is a convention under the British constitution. Others argue that in as much as the sovereignty of the constitution forms a