Parliamentary Sovereignty
- Created by: jamie
- Created on: 20-05-13 10:59
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- Parliamentary Sovereignity
- Summary
- Parliament has the ultimate authority
- underpins the constitution
- Parliament has the right to make and revoke any law
- No person or institution can overide an act of parliament
- Except in ultra vires cases
- No parliamet can bind its successors
- 1911 and 1949 severley reduced the powers of the lords
- Effectivley resulting in the sovereignty of the commons
- Uk courts canot strike down laws as unconstitutional
- Only recomend
- Challenges to parliamentary sovereignty
- Membership of the eu
- Eu law has supremecy over uk law
- Parliament cannot be sovereign if eu law is higher
- Overides acts of parliament
- Eu law has supremecy over uk law
- The human rights act
- All new legislation must be compatible
- Courts can declare incompatible
- Devoloution
- Westminister no longer makes policy for the whole of the uk
- Can still devolve assemblies
- referendums
- the use of referendums means law is put into the hand of the electorate
- Undermining parliamentary sovereignty
- Can ignore the decision
- Political suicide
- the use of referendums means law is put into the hand of the electorate
- Current system increasingly based on executive sovereignty
- Parliamentary majority
- Whip system
- Party loyalty
- Controll of the legislative timetable
- Membership of the eu
- Parliamentary sovereignty has remained strongestin legal terms
- in reality limits to parliaments authority have become apparent
- Summary
- underpins the constitution
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