Parliamentary Sovereignty

Definition

Parliamentary sovereignty is the principle that Parliament has the supreme legal authority within the state, meaning it can create or end any law without being subject to a higher authority. This concept emerged prominently during the period of constitutional developments in England, especially in the context of the struggles between the monarchy and Parliament from the Civil War to the Glorious Revolution. It reflects the shift towards a system where elected representatives wield legislative power, fundamentally altering the relationship between the government and its citizens.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty became firmly established after the Glorious Revolution in 1688, which marked a significant transition in power from the monarchy to Parliament.
2. The concept indicates that no parliament can bind a future parliament, meaning each new Parliament can modify or repeal previous legislation.
3. Legal scholars debate whether parliamentary sovereignty means Parliament cannot be challenged in court or if there are limits based on human rights or other principles.
4. The principle underpins modern British democracy, asserting that all laws passed by Parliament are valid and must be followed by everyone, including the monarch.
5. The debates surrounding parliamentary sovereignty were central during events like the English Civil War, highlighting tensions between royal authority and legislative power.

Review Questions

• How did parliamentary sovereignty influence the relationship between the monarchy and Parliament during the English Civil War?
  • During the English Civil War, parliamentary sovereignty was crucial in shifting power dynamics between the monarchy and Parliament. The conflict arose from disputes over authority, with Parliament asserting its right to govern without royal interference. This struggle highlighted emerging ideas about representative governance and led to an increased demand for parliamentary authority in law-making, challenging the traditional view of absolute monarchical power.
• Analyze how the Glorious Revolution solidified parliamentary sovereignty in England.
  • The Glorious Revolution solidified parliamentary sovereignty by establishing a constitutional framework that curtailed monarchical power. When William III and Mary II ascended to the throne, they accepted conditions that enhanced Parliament's role in governance. The Bill of Rights (1689) further enshrined these principles by ensuring that laws could only be made or repealed by Parliament, thereby cementing its supremacy over the monarchy and laying the groundwork for modern democracy.
• Evaluate the implications of parliamentary sovereignty on contemporary governance and legal interpretation in England.
  • Parliamentary sovereignty has profound implications for contemporary governance and legal interpretation in England. It establishes that Parliament is the ultimate legal authority, meaning that its legislation cannot be overturned by courts or external bodies. However, this principle raises questions about accountability and human rights, especially in relation to EU laws prior to Brexit and current international obligations. Debates continue about whether there should be limitations on parliamentary power to protect individual rights, demonstrating its ongoing relevance in political discourse.

Related terms

Constitutional Monarchy: A system of government in which a monarch shares power with a constitutionally organized government, limiting the monarch's powers.

English Civil War: A series of conflicts from 1642 to 1651 between Parliamentarians and Royalists in England over governance and authority.

Glorious Revolution: The 1688 event that led to the overthrow of King James II and established William III and Mary II as co-monarchs, reinforcing parliamentary power.