Parliamentary Sovereignty

Definition

Parliamentary sovereignty is the principle that Parliament has the supreme legal authority within a state, meaning it can create or repeal any law without constraint. This concept emphasizes that the legislative body holds ultimate power over all other government branches, ensuring that elected representatives maintain control over legislation and governance.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty emerged in Britain during the 17th century, solidifying after conflicts such as the English Civil War and the Glorious Revolution.
2. This principle allows Parliament to pass laws on any matter, including constitutional changes, without needing approval from any other authority.
3. Judicial review does not limit parliamentary sovereignty; courts cannot overturn laws passed by Parliament based on their content, emphasizing legislative supremacy.
4. While parliamentary sovereignty is a fundamental aspect of British constitutional law, it can be challenged by international treaties or agreements, which may influence domestic legislation.
5. The notion of parliamentary sovereignty contrasts with systems where a written constitution limits legislative power, showcasing the distinct nature of British governance.

Review Questions

• How did parliamentary sovereignty contribute to the establishment of constitutional monarchies in Europe during the 19th century?
  • Parliamentary sovereignty played a crucial role in establishing constitutional monarchies by transferring significant power from monarchs to elected representatives. As Parliament gained supremacy, it was able to enact reforms that limited royal authority and expanded civil liberties. This shift was essential in creating a political landscape where constitutional frameworks governed state affairs, ensuring accountability and representation for citizens.
• Analyze the relationship between parliamentary sovereignty and the rule of law within the context of 19th-century European governance.
  • In 19th-century European governance, parliamentary sovereignty and the rule of law interacted to shape political authority. While parliamentary sovereignty allowed for legislative supremacy, the rule of law ensured that laws enacted by Parliament applied equally to all individuals, including lawmakers themselves. This relationship highlighted a balance where elected representatives wielded power while still adhering to legal principles that protected citizens' rights, fostering a sense of justice within the governance framework.
• Evaluate how parliamentary sovereignty affected the development of democratic practices in 19th-century Europe and its implications for future governance models.
  • The principle of parliamentary sovereignty significantly influenced the development of democratic practices in 19th-century Europe by establishing a foundation for representative governance. As elected parliaments asserted their authority over monarchs, it paved the way for broader participation in politics and laid groundwork for modern democracies. The implications for future governance models included greater emphasis on popular sovereignty, accountability of elected officials, and respect for individual rights, ultimately shaping contemporary democratic systems worldwide.

Related terms

Constitutional Monarchy: A form of government in which a monarch acts as the head of state within the parameters of a constitution, which outlines the rights of citizens and the powers of government.

Rule of Law: The principle that all individuals and institutions are accountable to the law, which must be fairly applied and enforced, ensuring justice and equality.

Checks and Balances: A system that ensures no one branch of government becomes too powerful by providing each branch with powers to limit or check the other branches.