5. Parliamentary Sovereignty

Question 1

How did AV Dicey define parliamentary sovereignty?

Answer 1

The power to make, unmake and amend any law, whatever

Question 2

Where in the UK is sovereignty located?

Answer 2

Parliament

Question 3

What is legal sovereignty?

Answer 3

The term applied to the body with supreme legal authority, giving it the right to establish any law it wants.

Question 4

What is political sovereignty?

Answer 4

The ability to act as one wishes - often referred to as de facto or effective sovereignty

Question 5

What are the main features of parliamentary sovereignty?

Answer 5

• Parliament can make any law on any issue
• No other institution can override a decision made by Parliament
• No parliament is bound by its predecessors nor can it bind its successors
• The authority of the executive stems from Parliament
• Parliament only surrenders its political sovereignty to the people during a general election

Question 6

What are the seven main challenges to Parliamentary Sovereignty?

Answer 6

• Executive dominance and party discipline
• EU membership
• Devolution
• Referenda
• Human Rights Act of 1998
• Obligations to international organisations
• Powerful pressure groups