CLAT: "Parliamentary Sovereignty is a fundamentally positive component within our constitution. Discuss"

Parliamentary Sovereignty is the doctrine that stipulates that Parliament (Legislature) has authority above and beyond the powers of the courts (Judiciary) and the Government (Executive). Members of Parliament are elected into power by constituencies. Therefore it is a democratic body that has the ultimate power, rather than unelected judges or party-voted leaders. However, the Belmarsh Case in the early 2000s highlights the problems with power being rested in one body. Parliament legislated that foreigners suspected of terrorism could be detained without trial. This was held to be incompatible with the European Convention of Human Rights, however it demonstrated Parliament's ability to legislature inappropriately.

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