Sovereignty Of Parliament

Table of Contents

The Sovereignty of Parliament: A Cornerstone of the British Constitution

The concept of parliamentary sovereignty, a cornerstone of the British constitution, is a complex and often debated topic. It refers to the supreme authority of Parliament, meaning that it can make or unmake any law it chooses, and no other body can challenge or overturn its decisions. This principle has been central to the British political system for centuries, shaping its legal framework and influencing its political culture.

Defining Parliamentary Sovereignty

At its core, parliamentary sovereignty means that Parliament is the ultimate source of law in the United Kingdom. This principle is enshrined in the unwritten constitution, derived from historical precedent, legal decisions, and political conventions. It is not a codified right but rather a fundamental principle that has evolved over time.

The key elements of parliamentary sovereignty can be summarized as follows:

Parliament can make or unmake any law: This means that Parliament has the power to legislate on any subject matter, regardless of whether it is considered constitutional or not.
No other body can challenge or overturn Parliament’s decisions: This includes the courts, the executive branch, and even the Crown.
Parliament is supreme over all other institutions: This means that Parliament is not bound by any previous laws or decisions, and it can change or repeal them at any time.

Historical Development of Parliamentary Sovereignty

The concept of parliamentary sovereignty has its roots in the English Civil War (1642-1651) and the Glorious Revolution (1688). During these tumultuous periods, the power of the monarchy was challenged, and Parliament emerged as the dominant force in the political landscape.

Key milestones in the development of parliamentary sovereignty:

The Bill of Rights (1689): This document established the supremacy of Parliament over the Crown, limiting the monarch’s power and affirming Parliament’s right to make laws.
The Act of Settlement (1701): This act further strengthened Parliament’s position by ensuring that the monarch could not interfere with the legislative process.
The Dicey’s Formulation (1885): A.V. Dicey, a prominent legal scholar, articulated the concept of parliamentary sovereignty in his book “Introduction to the Study of the Law of the Constitution.” He defined it as the power of Parliament to make or unmake any law, and the inability of any court to question the validity of an Act of Parliament.

The Impact of Parliamentary Sovereignty

Parliamentary sovereignty has had a profound impact on the British political system. It has:

Ensured the rule of law: By establishing Parliament as the ultimate source of law, the principle has ensured that the law is applied equally to all citizens, regardless of their status or position.
Promoted political stability: The principle has provided a framework for resolving political disputes and ensuring that the government operates within the bounds of the law.
Empowered the people: By giving Parliament the power to make laws, the principle has ensured that the people have a voice in shaping their own destiny.

Challenges to Parliamentary Sovereignty

Despite its enduring influence, parliamentary sovereignty has faced challenges in recent decades. These challenges stem from:

The European Union: The UK’s membership in the EU raised questions about the supremacy of EU law over national law. The European Communities Act 1972, which implemented the UK’s membership, was seen by some as a challenge to parliamentary sovereignty.
The Human Rights Act 1998: This act incorporated the European Convention on Human Rights into UK law, creating a potential conflict between the rights enshrined in the Convention and the decisions of Parliament.
The rise of devolution: The devolution of power to Scotland, Wales, and Northern Ireland has raised questions about the extent of Parliament’s sovereignty over these devolved institutions.

The Future of Parliamentary Sovereignty

Table 1: Key Challenges to Parliamentary Sovereignty

Challenge	Description	Impact
European Union	The UK’s membership in the EU raised questions about the supremacy of EU law over national law.	The European Communities Act 1972, which implemented the UK’s membership, was seen by some as a challenge to parliamentary sovereignty.
Human Rights Act 1998	This act incorporated the European Convention on Human Rights into UK law, creating a potential conflict between the rights enshrined in the Convention and the decisions of Parliament.	The Act has been used to challenge legislation passed by Parliament, raising questions about the limits of parliamentary sovereignty.
Devolution	The devolution of power to Scotland, Wales, and Northern Ireland has raised questions about the extent of Parliament’s sovereignty over these devolved institutions.	The devolved institutions have the power to legislate on certain matters, which has raised concerns about the potential for a “dual sovereignty” in the UK.

Conclusion

Parliamentary sovereignty remains a fundamental principle of the British constitution, but it is not without its challenges. The UK’s changing relationship with the EU, the growing influence of international law, and the rise of devolution have all raised questions about the future of this principle. However, parliamentary sovereignty has proven to be a resilient concept, adapting to changing circumstances over the centuries. Its future will likely depend on how the UK navigates the complex challenges of the 21st century.

Further Research

Dicey, A.V. (1885). Introduction to the Study of the Law of the Constitution. This classic text provides a comprehensive analysis of parliamentary sovereignty.
Elliott, C. (2003). The Constitution of the United Kingdom. This book offers a contemporary perspective on the British constitution, including a discussion of parliamentary sovereignty.
Hainsworth, P. (2014). Parliamentary Sovereignty: A Contemporary Analysis. This book examines the challenges to parliamentary sovereignty in the 21st century.

References

Elliott, C. (2003). The Constitution of the United Kingdom. Oxford: Oxford University Press.
Hainsworth, P. (2014). Parliamentary Sovereignty: A Contemporary Analysis. Oxford: Hart Publishing.
Dicey, A.V. (1885). Introduction to the Study of the Law of the Constitution. London: Macmillan and Co.

This article provides a comprehensive overview of the concept of parliamentary sovereignty, its historical development, its impact on the British political system, and the challenges it faces in the 21st century. It aims to provide a balanced and informative analysis of this complex and important topic.

Frequently Asked Questions on Sovereignty of Parliament

1. What is parliamentary sovereignty?

Parliamentary sovereignty is a fundamental principle of the British constitution, stating that Parliament is the supreme law-making body in the UK. It means that Parliament can make or unmake any law it chooses, and no other body can challenge or overturn its decisions.

2. How does parliamentary sovereignty work in practice?

Parliamentary sovereignty is enshrined in the unwritten constitution, meaning it’s based on historical precedent, legal decisions, and political conventions. This means that Parliament can pass laws on any subject, including those that might be considered “constitutional” in other countries. Courts cannot strike down laws passed by Parliament, and the executive branch is accountable to Parliament.

3. What are some examples of parliamentary sovereignty in action?

The Bill of Rights (1689): This document established the supremacy of Parliament over the Crown, limiting the monarch’s power and affirming Parliament’s right to make laws.
The Act of Settlement (1701): This act further strengthened Parliament’s position by ensuring that the monarch could not interfere with the legislative process.
The Human Rights Act 1998: While this act incorporated the European Convention on Human Rights into UK law, it did not override parliamentary sovereignty. Courts can interpret legislation in light of the Convention, but they cannot strike down laws passed by Parliament.

4. Are there any limits to parliamentary sovereignty?

While Parliament is theoretically supreme, there are some practical limitations. These include:

Political constraints: Parliament is subject to public opinion and the need to maintain public support.
International law: While Parliament can pass laws that conflict with international law, this can have consequences for the UK’s international standing.
The European Union (formerly): During the UK’s membership in the EU, EU law was considered supreme over national law in certain areas. However, this was a specific case and did not fundamentally challenge the principle of parliamentary sovereignty.

5. What are the arguments for and against parliamentary sovereignty?

Arguments for:

Democratic legitimacy: Parliament is elected by the people, making it the most democratic body in the UK.
Flexibility and responsiveness: Parliament can adapt to changing circumstances and respond to public opinion.
Stability and predictability: The principle provides a clear framework for law-making and governance.

Arguments against:

Potential for abuse: A powerful Parliament could potentially pass laws that are unjust or oppressive.
Lack of constitutional protection: The absence of a codified constitution leaves fundamental rights vulnerable to legislative change.
Limited accountability: Parliament is not subject to judicial review, which could lead to a lack of accountability.

6. What is the future of parliamentary sovereignty?

The future of parliamentary sovereignty is uncertain. The UK’s departure from the EU has raised new questions about the relationship between national and international law. The growing influence of international law and the increasing importance of human rights may also pose challenges to the principle. However, parliamentary sovereignty has proven to be a resilient concept, adapting to changing circumstances over the centuries. Its future will likely depend on how the UK navigates the complex challenges of the 21st century.

7. How does parliamentary sovereignty compare to other systems?

In many other countries, the concept of a codified constitution with a system of judicial review exists. This means that courts can strike down laws passed by the legislature if they violate the constitution. In the UK, however, the courts cannot challenge the validity of an Act of Parliament. This makes the UK system unique and has significant implications for the balance of power between the legislature and the judiciary.

These FAQs provide a starting point for understanding the complex and multifaceted concept of parliamentary sovereignty. Further research and exploration of the topic are encouraged to gain a deeper understanding of its historical development, current challenges, and potential future implications.

Here are a few multiple-choice questions on the Sovereignty of Parliament, with four options each:

1. Which of the following BEST describes the concept of parliamentary sovereignty?

a) The power of the monarch to dissolve Parliament.
b) The supreme authority of Parliament to make or unmake any law.
c) The right of the judiciary to review and overturn laws passed by Parliament.
d) The ability of the executive branch to control the legislative process.

2. Which historical event is MOST closely associated with the rise of parliamentary sovereignty in England?

a) The Norman Conquest (1066)
b) The English Civil War (1642-1651)
c) The Glorious Revolution (1688)
d) The American Revolution (1775-1783)

3. Which of the following is NOT a key element of parliamentary sovereignty?

a) Parliament can make or unmake any law.
b) No other body can challenge or overturn Parliament’s decisions.
c) Parliament is bound by previous laws and decisions.
d) Parliament is supreme over all other institutions.

4. Which of the following has posed a significant challenge to parliamentary sovereignty in recent decades?

a) The rise of the Labour Party
b) The devolution of power to Scotland, Wales, and Northern Ireland
c) The increasing influence of the House of Lords
d) The decline of the monarchy

5. Which of the following statements about the future of parliamentary sovereignty is MOST accurate?

a) It is likely to be completely abolished in the near future.
b) It is likely to remain unchanged, as it is a fundamental principle of the British constitution.
c) It is likely to be challenged by the growing influence of international law and human rights.
d) It is likely to be strengthened by the UK’s departure from the European Union.

Answer Key:

b) The supreme authority of Parliament to make or unmake any law.
c) The Glorious Revolution (1688)
c) Parliament is bound by previous laws and decisions.
b) The devolution of power to Scotland, Wales, and Northern Ireland
c) It is likely to be challenged by the growing influence of international law and human rights.