In the absence of a written constitution, the Parliament is the sovereign law making power incapable of limiting its own power, or being limited by an external power.”
When there is no written or codified constitution, the doctrine of Parliament supremacy arise as a principle factor giving authority to the act of government power within the UK. It is also called as Parliament sovereignty. The doctrine of Parliament supremacy is a combination of rules that indicates how courts should approach Acts of Parliament. This includes rules pertaining to how courts should handle contradictory provisions or Acts, as well as the status attached to an Act of Parliament. This doctrine recognizes Parliament as the supreme, sovereign law making body within the UK. The rules that make the doctrine of Parliament Supremacy are derived in a number of sources such as, case law, conventions, statute law and important documents.
Prof A.V. Dicey states the three principles definition and classification of doctrine of Parliament Supremacy.
Parliament has the right to make or unmake any law whatever.
No parliament can bind a future Parliament
Person or body has the right to over ride an act of parliament.
The three points given above summarise the Doctrine of Parliament having the Supremacy. Dicey’s first and third points, pertaining to parliament having the right to legislate on any matter and no person or body being able to override those laws, have been strongly confirmed by UK courts. Judges have repeatedly upheld the principles of Parliamentary sovereignty, in cases and quotes.
Sir lvor Jennings once stated “Parliament can be legislate to ban smoking on the streets of Paris, Parliament can legally make a man into woman.” In Madzimbamuto v Lardner-Burke (1969), Lord Reid stated “it is often said that it would be unconstitutional for the UK parliament to do certain things but that does not mean it is beyond the power of parliament to do such things.” Similarly, in ex parte Simm