Has parliamentary sovereignty been limited?

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  • Created by: TilsR
  • Created on: 04-03-24 10:41

Has parliamentary sovereignty been limited?

Advantages

  • The UK left the EU in 2019 and so has regained sovereignty
  • Some argue that membership of the EU enhanced political sovereignty, as the UK pooled its sovereignty with other nations and enjoyed benefits and rights that weren't in the power of the UK Parliament
  • Devolution hasn't altered the legal sovereignty of Parliament - the UK remains a unitary state
  • Devolution Acts state that Parliament retains the right to make laws on any matter
  • Devolved powers can be restored to London
  • The UK Supreme Court cannot strike down laws
  • The Human Rights Act can be repealed
  • Despite repeated rulings in Hirst v UK, Parliament refused to amend the law
  • The UK could withdraw from the ECHR
  • Popular sovereignty is not absolute - Parliament can ignore a referendum
  • Many MPs and Lords voted against triggering Article 50 in defiance of the referendum
  • Executive dominance is never a constant situation
  • The triggering of Article 50 court case shows the limits of executive power - as it is sovereign, only Parliament could amend or repeal an existing Act of Parliament

Disadvantages

  • Legal sovereignty has been affected as EU law takes primacy over all UK law covered by treaties; therefore the EU doesn't need the prior approval of Parliament
  • Devolution of legislative power to Scotland, Wales and Northern Ireland  greatly limits Parliament
  • Devolution wasn't a one-off event - subsequent Acts devolved more powers
  • Policy differences continue to multiply in Scotland, Northern Ireland, Wales and England
  • Since its introduction, judges have had the power to review cases and declare Acts incompatible
  • It requires judges to interpret all UK laws, as far a possible, to be compatible with the ECHR
  • In a democracy, the people hold ultimate power; Parliament needs to be sensitive to the wishes of the electorate
  • The Brexit referendum and Parliament vote to trigger Article 50 saw popular sovereignty triumph
  • Our fused executive and legislative branches means that the executive is sovereign
  • A PM with a large majority in the Commons can enjoy considerable power

Evaluation

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