believes that changes to the rule of recognition

believes that changes to the rule of recognition can take place by evolution and not revolution. Jackson has a significant impact on the UK constitution because here the Court evaluated the authority of Act of parliament invariably given the Courts Jurisdiction to try matters patterning to parliaments.
There are some criticisms of Steyn and Hope and it is perceived that reference to Dworkinian perspectives, it worked essentially that it is for the Courts to establish the Rule of recognition without recourse to other branches of government nor her people.
Some schools of thought are of the view that as significant as Jackson case is that it may be too early in the day to disregard Diceyan view about parliamentary supremacy.
Some schools of thought on UK constitution had earlier before Jackson for instance, Hart and Dwokin have expressed their opinion in their theories of law of integrity and legal positivism. Hart in his legal positivism shifts away from the idea of sovereignty to government under the law while Dworkin posits that law is not made up of solely of duties and rights but of the principals need to rationalize them.
In conclusion, based on the argument proffered and decision held by the House of Lord in Jackson’s case especially the Orbiter of Steyn, parliamentary supremacy is no longer absolute in UK. Steyn recognized the limitations of parliamentary supremacy and that absolute supremacy as propounded by Dicey is no
longer applicable in contemporary UK constitution . However, he was of the view that British constitution would be thrown into disrepute and therefore held the opinion on parliamentary supremacy as still the key to UK constitution. Christopher Forsyth states the need to rethink on parliamentary supremacy and noted that the future of parliamentary supremacy is bleak.
Scholars like N.W. Barber have redefined meaning of parliamentary supremacy, in which he believes parliamentary has a final say and also law-making power, parliament enjoying sovereignty in one area and limited in some areas . Parliamentary supremacy in contemporary UK is a concept that has needs

x

Hi!
I'm Mary!

Would you like to get a custom essay? How about receiving a customized one?

Check it out