8.4 - The Location of Sovereignty in the UK Political System Flashcards
What is political sovereignty?
Absolute authority.
Since the legislature’s authority derives power from the public, it may be said that the public is exercising political sovereignty.
What is legal sovereignty?
The right of Parliament to enact legislation which has absolute authority and cannot be overturned by any other body.
At what point do the British public reclaim their sovereignty?
At each general election.
When does popular sovereignty occur?
When the electorate expresses sovereign will via direct democracy (referendums etc.)
Why is the power of Parliament not in it’s own making?
The Commons is accountable to the public at general elections.
What kind of state has the UK (traditionally) been viewed as?
A unitary state.
Why was the UK viewed as a unitary state?
The authority was located in the Westminster Parliament.
Why is the UK not a federal government?
The power is not shared between the government and the states.
Parliament has supreme legislative authority.
What is the convention for referendums?
They should be called to rectify important constitutional questions.
Why are referendums not legally binding?
There is parliamentary sovereignty, although it would be incredibly unpopular if the government did not follow a referendum result.
When was the precedent set to ask the public referendums?
In 1997 by Blair.
What happens when a government has a large parliamentary majority in terms of legislature?
There will be very few constraints on it’s legislative abilities.
How has devolution changed the location of sovereignty in the UK?
Certain domestic powers were given to national assemblies.
Westminster always has the ability to reclaim the powers, but as a general rule of thumb, it leaves the national assemblies to themselves.
Why would it be incredibly difficult to take powers from Wales and Scotland?
They both claim popular legitimacy as they both won a referendum to get their assemblies.
How can the Senedd or Scottish Parliaments have their powers revoked?
The Scotland Act 2016 and Wales Act 2017 recognised the permanence of their governments, so they can only be revoked by another referendum.
What does the transfer of powers to devolved assemblies mean to the type of state the UK is?
We are possibly seeing a change to a quasi-federal state with constituent members of the UK having their own powers.
Why is Parliament not sovereign in certain areas?
The royal prerogative exercised by the PM.
What powers does the PM withhold from Parliament?
- Powers of patronage
- Recommendations to the Crown for peers and Anglican Bishops
- Cabinet decisions
How has the royal prerogative been undermined more recently?
Since the debate over military action in Iraq in 2003, Parliament now expects to be consulted over military action.
How has the convention for Parliamentary debate on military action been ignored?
Theresa May did not consult Parliament when bombing certain areas of Syria.
How did the EU blur the lines of sovereignty in the UK?
The sovereignty of the British nation was pooled with other EU nation states.
What was the first case that established EU law being sovereign over British law?
The Factortame Case (1991)
Why did Brexit prove the UK always had Parliamentary sovereignty over the EU?
Brexit allowed the UK to repeal EU law, restoring Parliamentary sovereignty, which it could have done at any time.
What law can British courts refer to in cases of human rights?
The Human Rights Act 1998.
Why is the HRA still weak to limit Parliamentary sovereignty?
The Act can be repealed at any time.
When was the HRA repealed? (hmm…)
Article 5 was suspended post 9/11, so the government could hold terrorist suspects indefinitely.
How can Parliament pass legislation if it’s in defiance of the HRA?
Due to the principle that no Parliament may bind its successor, they can pass any legislation they would like.
What does the judiciary do for legislation that is in defiance of the HRA?
They issue a formal statement of incompatability.
Why has globalisation changed the location of UK sovereignty?
The UK is expected to follow trading rules of the WTO, and commit to NATO’s constitution.
How has the location of sovereignty changed in the UK?
- Referendums.
- Strong Executives.
- Devolution.
- Royal Prerogative.
- EU (hmm…)
- HRA
- Globalisation
Is the Westminster Parliament sovereign? (Yes)
- Parliament legislated to leave the EU.
- There is no codified constitution so there is no law higher than parliamentary statute.
- The HRA can be repealed at any time.
- Parliament could abolish devolved assemblies by Act of Parliament.
- Parliament is not legally bound by referendum.
