Chapter 8 - 10/10 - Sovereignty Flashcards
What is sovereignty?
Ultimate political power that cannot be overruled peacefully.
What website says that “Parliamentary sovereignty is the most important part of the UK constitution.”?
Parliament.uk
What is legal sovereignty?
Where ultimate constitutional power lies.
What is political sovereignty?
Where ultimate power lies in reality. Parliament is legally sovereign but the government is effectively sovereign, especially as it has a democratic mandate from the electorate.
When, and only when, can political power be exercised?
When Parliament explicitly grants power to a body.
Where does sovereignty lie during a referendum?
With the people.
What are the 4 reasons some think sovereignty is outdated, and it is only where real power lies that matters?
- The use of referendums to approve constitutional changes give sovereignty to the people not Parliament.
- Devolution settlements have make the UK a federal nation. Even though power can be returned to the UK Parliament, it is unthinkable that would happen.
- Majority governments mean that the executive is sovereign, not Parliament, because they are usually powerless to stop them.
- The Human Rights Act and the ECHR that enforces it, although not binding, effectively control the protection of rights in this country, not Parliament.
What is functional sovereignty?
The idea that sovereignty resides with the individual or body that has ultimate power over a particular issue.
What is the functional sovereignty of the people?
During referendums on key constitutional changes.
What is the functional sovereignty of the courts?
Upholding and interpreting the law and the protection of human rights and civil liberties.
What is the functional sovereignty of the devolved nations?
When decisions and policies concern only them.
What is the functional sovereignty of the prime minister?
When determining who shall form the government.
What is the functional sovereignty of Parliament?
When proposing major military intervention.
What did the Miller 2016 case mean for parliamentary sovereignty?
It shows that Parliament remains sovereign even after a referendum decision.
What does Brexit mean for sovereignty?
Parliament is now the ultimate source of power; there is nothing higher.
