Critically evaluate Lord Hoffman's assessment of the appropriate Essay

Critically evaluate Lord Hoffman's assessment of the appropriate relationship between Parliamentary Sovereignty and principles of constitutional;ity in the UK t - Essay Example Therefore in the UK, the supremacy of Parliament often rises in conflict with the issue of constitutionality or the rights granted to individual citizens. This was elucidated by Lord Hoffman in 2000, when he pointed out the differences in the powers of the legislators, which were limited in other countries through the Constitution, but which was not the case in the UK, where Parliamentary Sovereignty subordinated the power of the judiciary that upholds the rights of individual citizens. In the United Kingdom, the three branches of Government are not granted equal powers. Parliament has been deputed as the supreme authority to make the laws of the land, through the principle of Parliamentary Sovereignty. Parliament comprises the King, The House of Lords and the House of Commons, who acting together jointly, enjoy undisputed power. In essence this means that Parliament is not subject to any limitations or checks and balances by the Courts. In fact the Courts have no power to overturn any of the laws laid down by Parliament or to declare them invalid. This has been amply stated by AV Dicey1 as follows; â€Å"In theory Parliament has total power.   It is sovereign.† In reference to the 1950 Commons Resolution attributing Parliamentary sovereignty, it has been suggested that they be viewed as â€Å"co-extensive with the scope of Article 9.†2 This addresses the need for Parliamentary Sovereignty to take into account the factors of rights of individuals an d human rights. However, this raises the issue of Constitutionality. Most Governments such as those in the United States are characterized by the distribution of power equally between the three branches of Government – the legislature, the executive and the Judiciary. In the event of an abuse of legislative power through an infringement upon individual rights of citizens, the Constitution imbues the Judiciary with the power to challenge the law. But this is not the case in the