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Twin Pillars (Dicey was departing from a traditional doctrine in response…
Twin Pillars
Dicey was departing from a traditional doctrine in response to the growth of the electorate.
Electorate: Is all the people who are allowed to vote.
A Traditional Doctrine is one that ultimate power must reside in one body in the state had no moral justification because it was rooted in the time when the monarch was sovereign so he or she dictated what the constitution should be.
Dicey argued that of the two types, it was political sovereignty that was morally justifiable.
Definition
The first pillar is the principal of Parliamentary Sovereignty
Sovereignty means supreme power or authority
Right to make and unmake any law parliament choses meaning highest source of legislative and political authority in the land.
The second pillar is the Rule of Law
Everyone must abide by the law and everyone is equal in the eyes of the law.
It was written in the 19th Century, By A.V. Dicey
Dicey designated between legal and political sovereignty.
Example, Referendums
Some people argue these have reduced the powers of the Parliamentary Sovereignty
This is because it hands the power over to the people
Example, Membership of the EU
This means that EU laws take presence over UK laws.
So Westminster has a loss of power because they have to compel with what the EU says.
Modern Politics still departs from these ideals and is one of the key discussions in politics