Parliamentary Sovereignty

Definition

Parliamentary sovereignty is a fundamental principle of the UK constitution that establishes Parliament as the supreme legal authority, with the ability to create or repeal any law without being subject to legal limitations. This means that no other body, including the judiciary, can challenge or invalidate legislation passed by Parliament.

5 Must Know Facts For Your Next Test

1. Parliamentary sovereignty allows Parliament to enact laws on any subject matter, making it the ultimate source of legal authority in the UK.
2. The principle was famously affirmed in the case of 'A.V. Dicey', who argued that Parliament could not bind its successors, meaning future parliaments can change laws.
3. Parliamentary sovereignty has been challenged by devolution, as powers have been transferred to regional governments, raising questions about the limits of Parliament's authority.
4. The UK's membership in the European Union previously complicated parliamentary sovereignty because EU law took precedence over domestic legislation, but this changed with Brexit.
5. Judicial independence in the UK supports parliamentary sovereignty by ensuring that courts cannot overrule laws made by Parliament, although they can interpret how those laws are applied.

Review Questions

• How does parliamentary sovereignty interact with the rule of law in the UK constitution?
  • Parliamentary sovereignty and the rule of law are both essential principles of the UK constitution, but they serve different functions. While parliamentary sovereignty establishes that Parliament is the supreme legal authority capable of making or repealing laws, the rule of law ensures that those laws apply equally to all individuals and institutions. This means that while Parliament can legislate freely, any law it creates must still be applied fairly and justly within society.
• Evaluate how devolution has influenced parliamentary sovereignty in the UK.
  • Devolution has significantly influenced parliamentary sovereignty by redistributing some legislative powers from Westminster to regional governments in Scotland, Wales, and Northern Ireland. While Parliament retains ultimate sovereignty, devolution creates a complex legal landscape where regional assemblies have authority over certain areas like health and education. This challenges the notion of absolute parliamentary power as these regions can make decisions independent of Westminster, leading to discussions about what sovereign means in practice.
• Assess the implications of Brexit on parliamentary sovereignty within the context of UK constitutional reforms.
  • Brexit has had profound implications for parliamentary sovereignty as it restored full legislative authority to Parliament over UK laws after years of EU influence. Before Brexit, EU law held supremacy over UK legislation, which limited Parliament's ability to legislate freely. The departure from the EU allows for a clearer exercise of parliamentary sovereignty since lawmakers now have complete control over domestic matters. However, this shift also raises questions about potential reforms needed to adapt to this new legal environment and ensure parliamentary sovereignty is maintained in an increasingly globalized context.

Related terms

Rule of Law: The principle that all individuals and institutions are subject to and accountable to the law, ensuring fairness and justice in the application of laws.

Devolution: The transfer of powers from central government to regional or local governments, allowing them to make decisions in specific areas while Parliament retains sovereignty.

Judicial Review: The process by which courts examine the actions of legislative and executive branches to determine whether they comply with the constitution or legal principles.