Parliamentary Supremacy

Definition

Parliamentary supremacy is the principle that Parliament has the ultimate legal authority in the UK, meaning it can make or unmake any law without being overridden by any other body. This concept signifies that no other institution, including the judiciary, can challenge the validity of laws enacted by Parliament, establishing it as the highest legislative authority. This principle has significant implications for proposals concerning further constitutional change, as it raises questions about whether reforms could potentially limit or alter Parliament's powers.

5 Must Know Facts For Your Next Test

1. Parliamentary supremacy is a fundamental principle of the UK constitution, which is uncodified and based on statutes and conventions.
2. The principle was established firmly in the 19th century, with key legal cases reinforcing Parliament's authority over other institutions.
3. Parliament can repeal any legislation, including those laws that have been created through referendums or international treaties.
4. The Human Rights Act 1998 has led to discussions on parliamentary supremacy as courts can issue declarations of incompatibility, though Parliament retains the final say.
5. Proposals for constitutional change often seek to limit parliamentary supremacy by suggesting a codified constitution or entrenchment of rights, which could constrain Parliament's legislative power.

Review Questions

• How does parliamentary supremacy interact with other principles such as the rule of law and devolution?
  • Parliamentary supremacy interacts with the rule of law by establishing that while Parliament is the highest authority, its laws must still be applied fairly and consistently. This creates a complex relationship where Parliament can create laws that must be followed, but those laws cannot violate existing rights protected under international treaties. Additionally, devolution complicates this relationship by transferring certain powers to regional governments, which can lead to tensions between local autonomy and the overarching authority of Parliament.
• What implications does parliamentary supremacy have for proposals aimed at constitutional change in the UK?
  • Proposals for constitutional change often consider how to modify or limit parliamentary supremacy in order to protect rights or establish a more rigid legal framework. For instance, some advocates argue for a codified constitution that would constrain Parliament’s ability to pass certain types of legislation. Such proposals may lead to significant debates about the balance between legislative authority and the protection of individual rights or minority interests within a more structured constitutional system.
• Evaluate the potential consequences of modifying parliamentary supremacy through constitutional reform in the UK.
  • Modifying parliamentary supremacy could have far-reaching consequences for the UK’s political landscape. By introducing measures such as a codified constitution or entrenched rights, Parliament’s ability to legislate freely might be curtailed, leading to increased judicial review and oversight. This shift could enhance protections for individual rights but may also create conflicts between legislative intent and judicial interpretation, potentially leading to a more fragmented governance structure where multiple authorities vie for power. Ultimately, these changes could redefine the nature of sovereignty in the UK and impact the relationship between Parliament and the courts.

Related terms

Constitutional Monarchy: A system of government where a monarch shares power with a constitutionally organized government, providing a framework for parliamentary supremacy.

Rule of Law: The principle that all individuals and institutions are accountable to the law, which is applied equally and fairly, often in tension with parliamentary supremacy.

Devolution: The transfer of powers from central government to regional governments, which can challenge the concept of parliamentary supremacy in certain areas of governance.