British "Parliamentary Sovereignty":Its Theory Evolution and Concept Analysis
Hong You-shen
Abstract
Hong You-shen
Abstract
British parliamentary is traditionally defined as a legal sovereignty ,which refers to the supreme power held by the Parliament without any restriction in legislation but being subject to This paper assumes that the contemporary political is the supreme jurisdictional power,which,based on the constitution,is exercised by the national government composed of legislative,executive and judicial branches. A jurisprudent sovereignty,legal sovereignty in broader sense,embodies the recognition of the supreme constitutional power and the principle of equality in international law. It is,indeed,complementary to political sovereignty. Thus,as in other democracies,real sovereign in Britain is British people,and political sovereignty,based on the (unwritten) British constitution,is respectively exercised by British legislative,executive and judicial powers,among which the supreme legislative one,i.e.,legal sovereignty in its narrow sense,actually is part of political sovereignty. Due to the traditional characteristics of its constitution,the Commons are free from any containment by any government agency. Nevertheless,neither are the commons final holders nor the sole exercisers of British sovereignty.
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British parliamentary is traditionally defined as a legal sovereignty ,which refers to the supreme power held by the Parliament without any restriction in legislation but being subject to This paper assumes that the contemporary political is the supreme jurisdictional power,which,based on the constitution,is exercised by the national government composed of legislative,executive and judicial branches. A jurisprudent sovereignty,legal sovereignty in broader sense,embodies the recognition of the supreme constitutional power and the principle of equality in international law. It is,indeed,complementary to political sovereignty. Thus,as in other democracies,real sovereign in Britain is British people,and political sovereignty,based on the (unwritten) British constitution,is respectively exercised by British legislative,executive and judicial powers,among which the supreme legislative one,i.e.,legal sovereignty in its narrow sense,actually is part of political sovereignty. Due to the traditional characteristics of its constitution,the Commons are free from any containment by any government agency. Nevertheless,neither are the commons final holders nor the sole exercisers of British sovereignty.
Key concepts: Sovereignty, Parliamentary sovereignty, Law, Popular sovereignty, Constitution, Legislature, Supreme court, Political science