Washminster

Washminster
Washminster

Tuesday 11 September 2007

The decision of the people is final!

Both the UK and US would claim that the above statement reflects the making of law in each country. In the UK the representatives of the people sitting at Westminster have the final say. The doctrine of 'Parliamentary Sovereignty' means that (to paraphrase Dicey) - Parliament can pass ANY law it wants; No Parliament is bound by its predecessors - and no Court can question what Parliament has done.

In the US the Supreme Court can strike down laws passed by Congress. The argument is that the US system of government and the rules which govern it, were created and agreed by the people when the US Constitution. Amendments may be made to that Constitution by the people, if and when they want to. (Sovereignty rests with them). In the meantime Congress may only legislate in accordance with the rules set down - by the people - in the Constitution.