Features of the Parliamentary Supremacy

Supremacy or Sovereignty:

Two type supremacy or sovereignty is found in different countries. One is parliamentary and other is constitutional supremacy.

Parliamentary Supremacy

The term parliamentary supremacy means that, parliament has supreme power over the constitution. It also called legislative supremacy. Parliament is legislature of the country and exercises an unlimited power to making or modifying law.

What are the parliament say or passed that is final law over any other law, because it has unlimited procedure. The parliament is only possible when the constitution is unwritten or flexible.

Features of the Parliamentary Supremacy:

Some intrinsic features of the parliamentary supremacy are given below:-

 

     Ø  The condition of the parliamentary supremacy is that, the constitution must unwritten and flexible.

     Ø  In parliamentary supremacy, there is no distinction between constitutional law and ordinary law.

     Ø  There is no judicial review.

     Ø  There is no authority, court or branch which can declare any law passed by the parliament void or illegal.

     Ø  There is no law which parliament can’t modify or change.

     Ø  Parliament is legislature of the country and exercises unlimited power in making or modifying law.

Example country:          United Kingdom, Spain and Newzilad has parliamentary supremacy.

Features and Characteristics of the Constitutional supremacy.

Constitutional supremacy:

The term Constitutional supremacy means that, the constitution is supreme over the parliament. And parliament can exercise its function being only within bounds of the constitution. Constitutional supremacy is only possible where the constitution is written and rigid.

Features and Characteristic of the Constitutional supremacy:

Some intrinsic features of constitutional supremacy are given below.

           1.      The condition of the constitutional supremacy is that, the constitution must be written.

           2.      The constitution must be rigid and maintain procedure.

           3.      In constitutional supremacy, there has distinction between constitutional law and ordinary law.

           4.      Parliament is created by the constitution itself.

           5.      Parliament can exercise its function being only within the bounds of the constitution.

           6.      In constitutional supremacy, there has judicial review.

           7.      If any contradiction between constitutional law and ordinary law of the republic, the constitution shall get prevail and get priority.

Example Countries: Constitutional supremacy has found all democratic country. Such  as Bangladesh, India, Pakistan or USA etc.

Significance of the Preamble

Significance of the Preamble

The preamble is a part of the constitution. But it’s not necessarily or operative part of the constitution. And the court cannot enforce it directly. But it has others significances. Some of them given below

       1.       Preamble indicates the moral basis, philosophy and moral philosophy of the constitution.

       2.       Preamble works as a guiding stars of the constitution for whole nation and government take it as a “Pole Star”

       3.       Preamble identifies the legal source or base of the constitution.

       4.       Preamble lays down the most important national goals. Such as Democracy, Socialism, Secularism etc.

   5.     When any operative part of the constitution is ambiguous the preamble can be resorted to clarify that part.

Short note: The concepts of state

Short note: The concepts of state:

State is a community of persons. State vary is shapes, size, culture and forms of government.

Elements of state:

All state process four element people, territory government and sovereignty.

1.       People:

People and population are the inhabitants of the state. Who is vested political power for political purpose. There is no specific number of people required in order that a state is considered as one.

2.       Territory:

Territory is fixed area of surface of the earth where the inhabitants of a state live and where they maintain a government.

3.       Government:

Government is the institution of aggregate of institution by which and independent society makes and carries out those rules of action which are necessary to enable men to live in a social state

4.       Sovereignty:

Sovereignty is referred to as supreme and absolute power by which any state is governed. Sovereignty is capacity to enter into relation with other state. This is often called as independence.

Short note: Judicial review

Short note: Judicial review:

Judicial review means that jurisdiction of the court. In constitutional supremacy court has power to declare any law passed by parliament unconstitutional, void or illegal. Only Supreme Court of the country can exercise that power.

The doctrine of judicial review may for the convenience of research and study in constitutional and administrative law be used in two senses ---

1.       Doctrine of judicial review in the sense of constitutional supremacy or sovereignty.

2.       Doctrine of judicial review in the sense of parliamentary supremacy or sovereignty.

What are the parliament says or passed that is not final. Court will examine because court have review power. This concept comes from America and introduced in case Marbwrry v. Madison case 1803.