Parliamentary Sovereignty

Definition

Parliamentary sovereignty is a fundamental principle in the legal framework of the UK, asserting that Parliament has the supreme legal authority to create or end any law. This means that no other body, including courts or the executive, can override or set aside legislation passed by Parliament. It highlights the notion that Parliament is the ultimate source of law, emphasizing its role in a constitutional democracy.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty means that Parliament can legislate on any matter, including constitutional changes, without any legal limitations.
2. This principle originated from the Glorious Revolution of 1688, which established parliamentary supremacy over the monarchy.
3. While Parliament is sovereign, its powers are still limited by the EU law and human rights obligations under the Human Rights Act 1998 until Brexit fully separated UK laws from EU laws.
4. Courts in the UK do not have the authority to question the validity of laws passed by Parliament, reinforcing its sovereignty.
5. Recent debates around parliamentary sovereignty have arisen in the context of Brexit and how it affects UK laws and regulations.

Review Questions

• How does parliamentary sovereignty influence the relationship between Parliament and the judiciary in the UK?
  • Parliamentary sovereignty establishes that Parliament has supreme legal authority, meaning that it can create or repeal laws without interference from the judiciary. Courts in the UK cannot question or invalidate acts of Parliament, reinforcing this principle. As a result, this dynamic creates a clear boundary where Parliament operates independently in legislative matters while courts interpret laws without authority to challenge their validity.
• Discuss how parliamentary sovereignty was affected by the UK's membership in the European Union prior to Brexit.
  • During its membership in the European Union, parliamentary sovereignty was somewhat curtailed as EU law took precedence over national legislation in certain areas. This meant that Parliament could not enact laws that contradicted EU regulations, limiting its legislative freedom. However, this arrangement also brought about a complex interaction where Parliament had to balance its sovereign powers with obligations to adhere to EU laws, impacting how it legislated on various issues.
• Evaluate the implications of parliamentary sovereignty for contemporary debates regarding human rights in the UK.
  • Parliamentary sovereignty plays a critical role in contemporary human rights debates in the UK, particularly regarding how domestic laws align with international human rights standards. While Parliament has the authority to legislate freely on human rights issues, critics argue that this could lead to potential violations if Parliament chooses not to incorporate international human rights treaties into domestic law. The tension arises between respecting parliamentary supremacy and ensuring that fundamental human rights are protected effectively within a legal framework that allows Parliament to act with such autonomy.

Related terms

Constitutional Monarchy: A system of governance in which a monarch shares power with a constitutionally organized government, often with parliamentary sovereignty as a key principle.

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

Judicial Review: The power of courts to examine the actions of legislative and executive branches to ensure they comply with the constitution and legal standards.