Nature Character and Ideas of Parliament
One restriction is imposed by the character of the body itself, which exercises the sovereign power. A sovereign Hindu ruler will never order the slaughtering of cows just as a Muslim ruler will never abolish Islam from the state. Similarly, members of the British parliament will never act against their own nature and character. For example, the present Parliament of Great Britain can legally introduce communism or fascism in the country, but in practice it never do so.
In making laws, Parliament for example, cannot ignore public opinion. Legally, it can pass a law that blue-eyed children should be shot dead, but the people must become stupid before they obey such a law. The people obey a law because they feel that it is in their interest. Now if Parliament issues commands for laws, which arc clearly unjust’ and immora1, the hulk of the people may rise in revolt against the sovereign itself and destroy it.
The jurisdiction of Parliament is further curtailed by the international law. It is now a recognized principle of the British constitution that international Law is a part of the Municipal Law of the land. Any legislation, which is likely to violate international law, is beyond the jurisdiction of the British Parliament.
Certain other Laws
Further, the judge-made laws, the delegated legislation and a new form of administrative law, which are finding, an important place in the British constitution, are important limitations over the sovereignty of the Parliament. These are not laws made by Parliament, yet they are as much part of the laws of the land and those made by Parliament.
As a matter of convention, no Parliament can pass a law, which is likely to affect the interest of trade unions, chambers of commerce end like without consulting these bodies. In brief, the British Parliament is legally sovereign, but its authority operates within the limits imposed by the ideas of its own members, public opinion and international law.