When we talk about "Parliament" and "parliamentary sovereignty" what exactly do we mean? Firstly we must take the word "Parliament" to mean not the actual Houses of Parliament themselves but instead the Acts passed by Parliament with the consent of the Commons, Lords and the Queen. The doctrine of parliamentary sovereignty is about the relationship between those who create the Acts Parliament and those who must apply them courts. The argument we find ourselves trying to answer is who in fact has the supreme power? Is it the law makers or those who must apply the law? To present an...
is a puppet under the operation of Parliament as this puppet, as I have shown, has very much a mind of its own. Whether the courts should have more or less power is a difficult question. If they had less power we might be in danger of losing the flexibility in our judicial system, if they had more, i.e. they could override statutes, we may be faced with great inconsistencies. It seems that English courts whilst being allowed a certain amount of flexibility are still ultimately answerable to Parliament, however this seems to be more through choice than obligation.