Why The Courts Can Not Deem An Act Of Parliament - 2336 Words

In light of the above statement by Lord Reid, it is evident that UK courts do not have the power to strike down an act of parliament as unconstitutional due to a variety of factors. Having a political constitution in the UK the efficiency of the Government overpowers the strict separation of powers and upholds the sovereignty of parliament, leading to the courts being unable to go beyond the power of Parliament and striking down acts that are unconstitutional. Majorly unlike that of the legal constitution of the United States, who allow the courts to strike down any Act they deem unconstitutional. This essay will look at the why the courts cannot deem an act of parliament unconstitutional in comparison to that of the United States.†¦show more content†¦Parliamentary supremacy is a fundamental aspect in the UK’s unwritten constitution, whereby it can be argued that parliament has no limits to the exercise of power. Pickin v British Railways Board highlights the suprema cy of Parliament constitutionally â€Å"The idea that a court is entitled to disregard a provision in an Act of Parliament on any ground must seem strange and startling to anyone with any knowledge of the history and law of our constitution† This case shows fundamentally how the Judiciary has no powers to disregard and Act of parliament. The history and law of our constitution portrays the point that parliament is supreme; historically the judiciary’s role has never allowed them to question any parliamentary proceeding as the Bill of Rights set out in 1688. However even in modern day times the prospect of Parliamentary Sovereignty is regarded as Lord Steyn states in Regina (Jackson and others) v Attorney General â€Å"Supremacy of Parliament is still the general principle of our constitution† Showing how even up to present day, Parliamentary Sovereignty is regarded as a strong principle within our constitution. Showing how our principles within a political co nstitution, does not allow judges to overrule an act of Parliament