Restrictions of Power that Governs the Parliament
RESTRICTION ON POWER OF PARLIAMENT TO A MELIORATE THE CONSTITUTION:
By duly observing the procedure stipulated by the constitution, parliament or the National Assembly may improve or amend any provision of the constitution, provided that parliament cannot sepal section 1 of the constitution which is the supremacy clause. The reason was that by the doctrine of constitutional supremacy, the constitution is supreme and its provision as binding on all persons and authorities in the country including parliament.
On the other hand, it has been argued that a legislature that has power to ameliorate or amend the constitution is supreme and therefore its power supersedes the authority of the constitution. This argument suggests that a legislature operating under a written constitution is clearly above the constitution just as a parliament operating under unwritten constitution where the doctrine of parliament supremacy obtains. This argument clearly fails in the light of a proper construction of the doctrine of constitutional supremacy.
By duly observing the procedure stipulated by the constitution, parliament or the National Assembly may improve or amend any provision of the constitution, provided that parliament cannot sepal section 1 of the constitution which is the supremacy clause. The reason was that by the doctrine of constitutional supremacy, the constitution is supreme and its provision as binding on all persons and authorities in the country including parliament.
On the other hand, it has been argued that a legislature that has power to ameliorate or amend the constitution is supreme and therefore its power supersedes the authority of the constitution. This argument suggests that a legislature operating under a written constitution is clearly above the constitution just as a parliament operating under unwritten constitution where the doctrine of parliament supremacy obtains. This argument clearly fails in the light of a proper construction of the doctrine of constitutional supremacy.
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