Parliamentary Sovereignty

Definition

Parliamentary sovereignty is a fundamental principle of the UK constitution that establishes Parliament as the supreme legal authority. This means that Parliament can create or end any law, and no other body, including courts, can overrule or invalidate its legislation. This principle highlights the absolute power of Parliament to govern and shapes the relationship between different branches of government and the law.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty allows Parliament to legislate on any matter, including those previously established by common law or judicial decisions.
2. This principle has evolved over time, particularly following historical events like the Glorious Revolution, which reinforced the authority of Parliament.
3. Parliamentary sovereignty is often viewed in tension with other principles such as the rule of law, where laws must be applied fairly and justly.
4. In practice, parliamentary sovereignty means that legislation passed by Parliament cannot be struck down by the courts unless it conflicts with EU law, a scenario that has changed post-Brexit.
5. The concept emphasizes the idea that no Parliament can bind its successors, meaning future Parliaments have the power to amend or repeal laws made by previous ones.

Review Questions

• How does parliamentary sovereignty affect the relationship between the legislature and judiciary in the UK?
  • Parliamentary sovereignty establishes Parliament as the highest legal authority in the UK, which means that any laws passed cannot be overruled or invalidated by the judiciary. This creates a clear separation where courts interpret laws but do not have the power to question the legitimacy of legislation enacted by Parliament. However, this relationship is nuanced; while courts respect parliamentary sovereignty, they ensure that laws are applied justly according to the rule of law.
• Evaluate how historical events have shaped the development of parliamentary sovereignty in Britain.
  • Historical events like the Glorious Revolution and subsequent constitutional changes have been pivotal in shaping parliamentary sovereignty. The Glorious Revolution of 1688 affirmed Parliament's authority over the monarchy, establishing a precedent for legislative supremacy. Over time, this led to a gradual shift away from absolute monarchy towards a system where Parliament exercises ultimate legal authority. This historical evolution has reinforced the principles underpinning democratic governance in Britain.
• Critically analyze the implications of parliamentary sovereignty in contemporary governance, especially in light of Brexit.
  • Parliamentary sovereignty has significant implications for contemporary governance, particularly following Brexit. The UK's departure from the EU emphasized this principle as it restored Parliament's authority to make laws without interference from EU regulations. However, this shift also raised concerns about accountability and checks on power since Parliament can now legislate without external limitations. The ongoing debate about how to balance this newfound legislative freedom with responsibilities to citizens illustrates the complex dynamics at play in modern governance.

Related terms

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

Constitutional Monarchy: A system of governance where a monarch's powers are regulated by a constitution or laws, balancing royal authority with elected parliamentary power.

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