ABSTRACT

The doctrine of parliamentary sovereignty was born out of the English revolutionary struggles of the 17th century, when parliament became the sovereign power of the land. English philosopher John Locke emphasised the centrality of the independence of judges and the legal system from direct control or interference of the state as an integral component of the Social Contract, which is the voluntary agreement among people defining the relationship of individuals with one another and with government and by this process forming a distinct organised society.60 The doctrine of parliamentary sovereignty effectively means that Parliament, as the ultimate source of law, can make such laws as it determines necessary61 for the peace, order and good governance of the land.