Parliamentary Sovereignty

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  • 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
      • 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
      • Current system increasingly based on executive sovereignty
        • Parliamentary majority
        • Whip system
        • Party loyalty
        • Controll of the legislative timetable
    • Parliamentary sovereignty has remained strongestin legal terms
      • in reality limits to parliaments authority have become apparent
  • underpins the constitution




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