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Parliamentary sovereignty in the United Kingdom is a concept that has long been debated. Since the subordination of the monarchy under parliament and the increasingly democratic methods of parliamentary government, there have been the questions of whether parliament holds a supreme ability to legislate and whether or not it should. The traditional view put forward by A. V. Dicey is that parliament had the power to make any law except any law that bound its successors. This has been reconsidered by constitutional theorists including Sir William Wade and Trevor Allan in light of the European Communities Act 1972 and other provisions relating to Europe, and the position of the Human Rights Act 1998 and any attempts to make this or other legislation entrenched. These issues remain contested. Parliamentary sovereignty is a description of to what extent does Parliament of the United Kingdom have absolute and unlimited power. It is framed in terms of the extent of authority that parliament holds, and whether there are any sorts of law that it cannot pass.〔Bradley, Ewing (2007). p. 51.〕 In other countries, a written constitution often binds the parliament to act in a certain way, but there is no such written constitution in the United Kingdom.〔 In the United Kingdom, parliament is central to the institutions of state.〔Bradley in Jowell, Oliver (eds). p. 26.〕 The terms "parliamentary sovereignty" and "parliamentary supremacy" are often used interchangeably. The term "sovereignty" implies a similarity to the question of national sovereignty.〔Bradley, Ewing (2007). p. 55.〕 While writer John Austin and others have looked to combine parliamentary and national sovereignty, this view is not universally held. Whichever term is used, it relates to the existence or nonexistence of limits on parliament's power in its legislative role.〔 Although the House of Commons' dominance within the Houses of Parliament is well attested, "parliamentary sovereignty" refers to their joint power. Almost all legislation is passed with the support of the House of Lords.〔Bradley in Jowell, Oliver (eds). pp. 26–27.〕 ==History== The Statute of Proclamations of 1539 gave the King wide powers to legislate without reference to, or approval from, parliament. At the same, it recognised the common law, existing statutory provisions, and excluded the breach of royal proclamations from the death penalty.〔Bradley, Ewing (2007). p. 52.〕 It was repealed in 1547, but Queen Mary and Queen Elizabeth both relied on royal proclamations. A review by Chief Justice Edward Coke in 1611, the ''Case of Proclamations'', established that parliament had the sole right to legislate, but the crown could enforce it.〔 The concept of parliamentary sovereignty was central to the English Civil War: Royalists argued that power held by the King, and delegated to parliament, challenged by the Parliamentarians.〔 The issue of taxation was a significant power struggle between parliament and the King during the Stuart period. If parliament had the ability to withhold funds from the monarch, then it could prevail. Direct taxation had been a matter for parliament from the reign of Edward I, but indirect taxation continued to be a matter for the King.〔Bradley, Ewing (2007). p. 53.〕 Royal powers were finally removed by the Bill of Rights 1689.〔 The Bill of Rights also removed the ability of the crown to ignore dispense with (ignore) legislation and statutes. Such a right had culminated in the Declaration of Indulgence of 1687, which had ushered in the Glorious Revolution.〔Bradley, Ewing (2007). pp. 53–54.〕 That led the Earl of Shaftesbury to declare in 1689, "The Parliament of England is that supreme and absolute power, which gives life and motion to the English government".〔Bradley in Jowell, Oliver (eds). p. 28.〕 The Act of Settlement of 1700 removed royal power over the judiciary and defined a vote of both houses as the sole method of removing a judge.〔Bradley, Ewing (2007). p. 54.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Parliamentary sovereignty in the United Kingdom」の詳細全文を読む スポンサード リンク
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