The Constitutional Question Under the Doctrine of Parliamentary Sovereignty

Abstract

The article explores the constitutional challenge posed by reviewing the constitutionality of laws within the framework of parliamentary sovereignty in the United Kingdom. The article examines the flexible nature of the British constitution and its fundamental principles during the periods before and after joining the European Community while emphasizing the influence of the European Convention on Human Rights together with the Human Rights Act 1998. The article examines the Constitutional Reform Act 2005 by analyzing the creation of the Supreme Court and its jurisdiction boundaries while using the Supreme Court decision in Stanford and Kiden to show how court decisions integrate human rights principles while respecting parliamentary sovereignty. While the UK acknowledges a judicial review system for law constitutionality it functions differently from conventional models because it remains confined to human rights issues without delivering judgments beyond declarations of incompatibility thus maintaining parliamentary sovereignty.

Keywords: British Constitution, Parliamentary Sovereignty, Human Rights, Supreme Court, Constitutional Reform, Judicial Review.

Received Date: December 18, 2024                   Accepted Date: January 09, 2025                    Published Date: February 01, 2025

Available Online at https://www.ijsrisjournal.com/index.php/ojsfiles/article/view/331

https://doi.org/10.5281/zenodo.14956589