1
Rule of Law & Parliamentary Sovereignty
Name
Course
Instructor
Institution
Date
, 2
Rule of Law & Parliamentary Sovereignty
A. Introduction
The rule of law and parliamentarsovereigntyty are principles employed by various
governments and government institutions in the performance of administrative and public
functions.1 The statement of the question alludes to the relationship that arises in the application
of the two principles. The purpose of this paper is to examine three major critical issues evident
from the statement. First, the paper will analyze whether the rule of law is a counterpart of the
supremacy of Parliament. Under this question, the paper examines whether the use of one
principle overshadows the other or whether the two can subsist concurrently. For the second
question, the paper will expound on the extent upon which both the parliament and the judiciary
have sought to strike a proportionate balance between the two doctrines. Finally, the paper will
examine whether the two principles have equal standing under the constitution.
i. Definition of the Two Concepts
In the UK, parliamentary sovereignty refers to the idea that parliament is accorded
unlimited or unrestricted law-making powers.2 The effect of this is that the monarch is prevented
from making laws unilaterally while the judiciary is restricted from overriding these laws. It is,
therefore, within the capacity of Parliament to make, amend, and eliminate laws. This
government system has been distinguished from checks and balances where the president can
sign laws subject to scrutiny by the Supreme Court. The United States is an example of a
1 Warren J Newman, ‘The Principles of the Rule of Law and Parliamentary Sovereignty in Constitutional
Theory and Litigation’ (2005) 16 National Journal of Constitutional Law 175.
2 Jim McConalogue, ‘Making Sense of Sovereignty, Parliamentary Sovereignty and the “Rule of the
Recognised Helm”’, The British Constitution Resettled (Springer 2020).
, 3
jurisdiction that employs the system of checks and balances.3 In summary, parliamentary
sovereignty is comprised of at least four tenets. Firstly, parliament is vested with full authority to
establish laws and other statutory provisions. Secondly, the courts lack the power to invalidate
any statutes. Thirdly, no current parliament is bound by the laws and precedents of former
parliaments. Lastly, no parliament is required to create laws that cannot be amended by future
parliaments.4
On the other hand, the rule of law is premised in the idea that everyone in a society
should be subject to the law. This stipulates that both those in positions of authority and the
citizens should be accountable under the law. One of the rule of law's fundamental tenets is the
requirement of those in positions of power to exercise their authority within the parameters
established by the law. The same standard is also extended to the subjects who are mandated to
respect and adhere to the set out legal norms. Those who fail to uphold the required standard set
by law are held accountable under the same law.5
ii. Brief Origin and Development of the Rule of Law
The origin of the rule of law can be traced back to the initial natural law philosophers.
The concept has developed since then to its modern values and tenets. In his book, Two Treaties
of Government, John Locke reiterated the significance of governing via what he described as
“established standing laws6 He stated further that these laws needed to be promulgated with
reasonable knowledge of those to be governed by them. Montesquieu elaborated the doctrine
3 Wayne McCormack, ‘Checks and Balances in the Tripartite US Government’ (2018) 5 J. Int’l & Comp. L. 437.
4 M SHEVCHENKO, ‘THE PARLIAMENTARY SOVEREIGNTY AND THE RULE OF LAW IN THE UK LAW’,
We speak Legal English, German, French, Spanish… (2019).
5 Martin Krygier, ‘The Rule of Law: Pasts, Presents, and Two Possible Futures’ (2016) 12 Annual Review of Law
and Social Science 199.
6." James A Harris, ‘The Interpretation of Locke’s Two Treatises in Britain, 1778–1956’ (2020) 28 British Journal
for the History of Philosophy 483.
Rule of Law & Parliamentary Sovereignty
Name
Course
Instructor
Institution
Date
, 2
Rule of Law & Parliamentary Sovereignty
A. Introduction
The rule of law and parliamentarsovereigntyty are principles employed by various
governments and government institutions in the performance of administrative and public
functions.1 The statement of the question alludes to the relationship that arises in the application
of the two principles. The purpose of this paper is to examine three major critical issues evident
from the statement. First, the paper will analyze whether the rule of law is a counterpart of the
supremacy of Parliament. Under this question, the paper examines whether the use of one
principle overshadows the other or whether the two can subsist concurrently. For the second
question, the paper will expound on the extent upon which both the parliament and the judiciary
have sought to strike a proportionate balance between the two doctrines. Finally, the paper will
examine whether the two principles have equal standing under the constitution.
i. Definition of the Two Concepts
In the UK, parliamentary sovereignty refers to the idea that parliament is accorded
unlimited or unrestricted law-making powers.2 The effect of this is that the monarch is prevented
from making laws unilaterally while the judiciary is restricted from overriding these laws. It is,
therefore, within the capacity of Parliament to make, amend, and eliminate laws. This
government system has been distinguished from checks and balances where the president can
sign laws subject to scrutiny by the Supreme Court. The United States is an example of a
1 Warren J Newman, ‘The Principles of the Rule of Law and Parliamentary Sovereignty in Constitutional
Theory and Litigation’ (2005) 16 National Journal of Constitutional Law 175.
2 Jim McConalogue, ‘Making Sense of Sovereignty, Parliamentary Sovereignty and the “Rule of the
Recognised Helm”’, The British Constitution Resettled (Springer 2020).
, 3
jurisdiction that employs the system of checks and balances.3 In summary, parliamentary
sovereignty is comprised of at least four tenets. Firstly, parliament is vested with full authority to
establish laws and other statutory provisions. Secondly, the courts lack the power to invalidate
any statutes. Thirdly, no current parliament is bound by the laws and precedents of former
parliaments. Lastly, no parliament is required to create laws that cannot be amended by future
parliaments.4
On the other hand, the rule of law is premised in the idea that everyone in a society
should be subject to the law. This stipulates that both those in positions of authority and the
citizens should be accountable under the law. One of the rule of law's fundamental tenets is the
requirement of those in positions of power to exercise their authority within the parameters
established by the law. The same standard is also extended to the subjects who are mandated to
respect and adhere to the set out legal norms. Those who fail to uphold the required standard set
by law are held accountable under the same law.5
ii. Brief Origin and Development of the Rule of Law
The origin of the rule of law can be traced back to the initial natural law philosophers.
The concept has developed since then to its modern values and tenets. In his book, Two Treaties
of Government, John Locke reiterated the significance of governing via what he described as
“established standing laws6 He stated further that these laws needed to be promulgated with
reasonable knowledge of those to be governed by them. Montesquieu elaborated the doctrine
3 Wayne McCormack, ‘Checks and Balances in the Tripartite US Government’ (2018) 5 J. Int’l & Comp. L. 437.
4 M SHEVCHENKO, ‘THE PARLIAMENTARY SOVEREIGNTY AND THE RULE OF LAW IN THE UK LAW’,
We speak Legal English, German, French, Spanish… (2019).
5 Martin Krygier, ‘The Rule of Law: Pasts, Presents, and Two Possible Futures’ (2016) 12 Annual Review of Law
and Social Science 199.
6." James A Harris, ‘The Interpretation of Locke’s Two Treatises in Britain, 1778–1956’ (2020) 28 British Journal
for the History of Philosophy 483.
