Does the Human Rights Act 1998 undermine parliamentary sovereignty? A recent Policy Exchange paper argues that it does. Nicholas Dobson explores the issues
- This article looks at the Human Rights Act 1998 in the light of a Policy Exchange paper that examines the Act’s impact on 25 cases.
- Many jurists have argued that the Act unsettles the UK constitution and distorts its government.
Albert Venn Dicey, jurist and constitutional theorist, wrote in his 1885 Introduction to the Study of the Law of the Constitution that: ‘The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament [ie, the King, the House of Lords and the House of Commons] has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.’
According to Dicey, Parliamentary sovereignty may be described as: ‘Any Act of Parliament, of any part
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