Parliamentary Sovereignty

Definition

Parliamentary sovereignty is a principle of the constitution of the United Kingdom, as well as some other states, that holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. This means that the Parliament has the right to make or unmake any law, and no person or body is recognized by the law as having the right to override or set aside the legislation of Parliament.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty is a fundamental principle of the British constitution, which gives the Parliament the ultimate legislative authority.
2. The principle of parliamentary sovereignty means that the Parliament can pass any law it wishes and that no other institution (such as the courts) can override or strike down its legislation.
3. The doctrine of parliamentary sovereignty is closely linked to the UK's uncodified constitution, which is not contained in a single written document.
4. Parliamentary sovereignty is often contrasted with the separation of powers doctrine, which is more common in presidential systems of government.
5. The principle of parliamentary sovereignty has been challenged in recent years, particularly with the UK's membership in the European Union and the increasing role of the judiciary in interpreting and applying EU law.

Review Questions

• Explain how the principle of parliamentary sovereignty is reflected in the structure and functioning of the executive branch in a parliamentary regime.
  • In a parliamentary system, the executive branch is derived from and accountable to the legislative branch, the Parliament. The Prime Minister and their cabinet are members of the Parliament and must maintain the confidence of the legislative body to remain in power. This close relationship between the executive and legislative branches is a key feature of parliamentary sovereignty, as it ensures that the Parliament has ultimate control over the government and can hold the executive accountable. The Parliament's ability to pass any law, including laws that can limit the powers of the executive, is a manifestation of its sovereign authority.
• Analyze how the principle of parliamentary sovereignty has been challenged in the context of the UK's membership in the European Union and the increasing role of the judiciary.
  • The principle of parliamentary sovereignty has faced significant challenges in recent years, particularly with the UK's membership in the European Union. As a member of the EU, the UK has had to cede some of its legislative authority to supranational institutions, such as the European Parliament and the European Court of Justice. This has led to a tension between parliamentary sovereignty and the UK's obligations under EU law, which can override domestic legislation. Additionally, the increasing role of the judiciary in interpreting and applying EU law has also been seen as a challenge to parliamentary sovereignty, as the courts have taken on a more active role in reviewing and potentially overriding the decisions of the Parliament. These developments have led to ongoing debates about the limits of parliamentary sovereignty and the balance of power between the legislative, executive, and judicial branches in the UK's constitutional system.
• Evaluate the implications of the principle of parliamentary sovereignty for the system of checks and balances in a parliamentary regime, particularly in comparison to presidential systems of government.
  • The principle of parliamentary sovereignty has significant implications for the system of checks and balances in a parliamentary regime, particularly in comparison to presidential systems of government. In a parliamentary system, the legislative branch (the Parliament) holds supreme authority, and the executive branch (the Prime Minister and Cabinet) is derived from and accountable to the legislative branch. This means that the traditional separation of powers between the legislative, executive, and judicial branches is less pronounced than in a presidential system, where these branches are more independent and have their own sources of authority. The dominance of the Parliament under the principle of parliamentary sovereignty can lead to a concentration of power in the legislative branch, potentially undermining the system of checks and balances. This is in contrast to presidential systems, where the separation of powers and system of checks and balances are more robust, as each branch has its own sources of legitimacy and mechanisms to constrain the others. The implications of parliamentary sovereignty for the balance of power between the branches of government is an important consideration in understanding the functioning of parliamentary regimes.

Related terms

Separation of Powers: The division of government into distinct branches (executive, legislative, and judicial) to prevent the concentration of power and provide a system of checks and balances.

Constitutional Monarchy: A form of government in which a monarch is the head of state, but their powers are limited by a constitution.

Uncodified Constitution: A constitution that is not written down in a single document but is instead composed of various statutes, conventions, and judicial decisions.