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From Burnham doctor case to the Constitutional Reform Act \

Author: PengYouRui
Tutor: JiaoHongChang
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Parliamentary sovereignty Legal hierarchy theory The reform of the judicial system
CLC: DD911
Type: Master's thesis
Year: 2011
Downloads: 87
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Abstract


Parliamentary sovereignty is one of the most basic principles of the British constitution , under this principle , the relationship of the legislative power and judicial power is rendered as the absolute strength of the legislative power . Although the United Kingdom since the glorious revolution has been to pursue the principle of parliamentary sovereignty , but the content of the principle of parliamentary sovereignty is not immutable . Through a series of legislative and case analysis , and trying to clarify the relationship of the British legislative jurisdiction under the principle of parliamentary sovereignty evolved over three centuries , and assumptions and forecast its future development . The first part of this paper analyzes the Burnham doctor case established the \The second part briefly describes the Glorious Revolution , English courts have gradually abandoned the theory of \Analysis of the challenges faced by the principle of parliamentary sovereignty in the last century, since the mid- third part , which mainly include the Scottish court questioned the principle of parliamentary sovereignty following issues raised based on the 1707 Act of Union , 1972 EC Act due to the principle of parliamentary sovereignty conflict with EU law , as well as the 1998 bill of Rights , \Part IV discusses the Constitutional Reform Act to establish the meaning and impact of the Supreme Court , and reform of the procedure for the election of judges . Analysis and combing through the British constitutional history , I believe that the principle of parliamentary sovereignty of the United Kingdom in the last century has experienced a shift from absolute parliamentary sovereignty to a relative parliamentary sovereignty , and is not possible in the future to a written constitution countries , and the establishment of unconstitutional Census .

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