ABSTRACT

This chapter discusses the contribution of religious bodies, in practical terms, to the principle of parliamentary supremacy. It argues that rather than simply being no threat to the application of parliamentary sovereignty and the democratic ideals which underlie it, there are several ways in which the current legal framework on religion positively assists. Parliamentary sovereignty is the most important part of the UK constitution. It is true that the operation of parliamentary sovereignty has faced challenges in the twenty-first century from quarters other than European Communities and the Human Rights Acts. The dominant understanding of parliamentary sovereignty in British courts is that of the Diceyan account, subject to the debated impact of the Human Rights Act and membership of the European Union. Consequently, it can be argued that establishment has evolved in a way that ensures that the legislative capacity of the Church of England is monitored and compliant with both parliamentary supremacy and the rule of law.