"Parliament" is a word of magic and power in this country. We refer to "parliamentary sovereignty." We live under the sovereignty of the Crown in Parliament. Our history and political life would be unintelligible if Parliament were removed from that history. There is no other European nation of which the same can be said. There is no other European nation at the heart of whose identity and history lies its parliamentary assembly.
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Parliament (by which I mean, of course, the elected House of Commons stripped of all irresponsible encumbrances) is the institution which has played the central, liberating role in our history ever since Cromwellian or even Elizabethan times; no comparable institution certainly has shaped so continuously the life and society of any Western European state. It is the authority of our distinctive Parliament which is one of the stakes in the choice now before the people.
Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a member of parliament.
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[Parliament's] uniqueness lies in its virtually uninterrupted exercise of sovereignty through the centuries, so that, in the modern world of written constitutions and artificially erected representative assemblies, there is no other nation which is one with its parliament as we are. Among all the countries of Europe there is no other of which it could be said that its history would be unintelligible, almost non-existent, if the history of its parliament were removed.
The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
Parliament is the centre of the British Empire. It is the responsibility of the members of Parliament, to whatever party they belong, to see that the tradition which has insensibly grown up, which is not a product of this or that constitution-monger, but which is the result of the unthought-out efforts for the public good of the various constituent individuals who from generation to generation, either in this House or in the other, had the conduct of public affairs is continued. It is their action which has made Great Britain what it is, and has founded all over the world institutions modelled upon ours and showing that, whether the British Constitution be or be not the best Constitution in the world for all kinds and sorts of men, it is undoubtedly the best Constitution for people of British origin, British tradition, British hopes, and British ideals. That is why I am consoled by the gradual rising of new generations as old generations vanish.
The omnipotence of Parliament is for the British what for other nations is represented by the constitution, the declaration of independence and the law of human rights all rolled into one. That division of powers which was wrongly deduced from observation of Britain in the eighteenth century is unknown to Britain: just because we have no written constitution, the control of Parliament over both law and government has to be unlimited. In order for Britain to join the Community, the House of Commons has to be told, and to accept, that it will progressively lose its exclusive power to control legislation and government.
An effective Parliament is an important element of a vibrant democracy and good governance, all of which are desired principles of the Commonwealth as enshrined in the Commonwealth Charter. It is the principle of the CPA that stronger parliaments mean stronger democracies, and greater capacity to deliver the benefits that people expect: such as employment opportunities, empowerment of women, food security, health care, education, rural development, a brighter future for children and protection of the environment.
Now, at present Britain has no V.A.T., and the questions whether this new tax should be introduced, how it should be levied, and what should be its scope, would be matters of debate in the country and in Parliament. The essence of parliamentary democracy lies in the power to debate and impose taxation: it is the vital principle of the British House of Commons, from which all other aspects of its sovereignty ultimately derive. With Britain in the community, one important element of taxation would be taken automatically, necessarily and permanently out of the hands of the House of Commons...Those matters which sovereign parliaments debate and decide must be debated and decided not by the British House of Commons but in some other place, and by some other body, and debated and decided once for the whole Community...it is a fact that the British Parliament and its paramount authority occupies a position in relation to the British nation which no other elective assembly in Europe possesses. Take parliament out of the history of England and that history itself becomes meaningless. Whole lifetimes of study cannot exhaust the reasons why this fact has come to be, but fact it is, so that the British nation could not imagine itself except with and through its parliament. Consequently the sovereignty of our parliament is something other for us than what your assemblies are for you. What is equally significant, your assemblies, unlike the British Parliament, are the creation of deliberate political acts, and most of recent political acts. The notion that a new sovereign body can be created is therefore as familiar to you as it is repugnant, not to say unimaginable, to us. This deliberate, and recent, creation of sovereign assemblies on the continent is in turn an aspect of the fact that the continent is familiar, and familiar in the recent past, with the creation of nation states themselves. Four of the six members of the Community came into existence as such no more than a century or a century and a half ago – within the memory of two lifetimes.
Parliamentary government is simply a mild and disguised form of compulsion. We agree to try strength by counting heads instead of breaking heads, but the principle is exactly the same... The minority gives way not because it is convinced that it is wrong, but because it is convinced that it is a minority.
The right of parliament to legislate for us cannot be accounted for upon any reasonable grounds. The constitution of Great Britain is very properly called a limited monarchy, the people having reserved to themselves a share in the legislature, as a check upon the regal authority, to prevent its degenerating into despotism and tyranny. The very aim and intention of the democratical part, or the house of commons, is to secure the rights of the people. Its very being depends upon those rights. Its whole power is derived from them, and must be terminated by them.
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Fundamental to our constitution is the supremacy of the Queen in Parliament and that our laws should be enacted by Parliament, by its authority in regulations, or indeed by judges in declaring the common law. That is what I understand is meant by the supremacy and sovereignty of the Queen in Parliament. I hope to show you in the course of my observations that that sovereignty is being eroded and that we are coming under another sovereignty—that of Europe and of the Council of Ministers. That is the challenge we face today.
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