ETVT parliament is no longer sovereign Flashcards
sections
executive
devolved bodies
the people
examples
how many defeats did TM have
how many votes did tb lose in ten years
sunak
76% of how many bills received royal assent in 2022/23
what was the shared prosperity act 2020
what is the minimum level services act 2023
section 35?
33 and 3 in one day regarding brexit deals
4
once
56
replacement for eu structural funding post brexit devolved bodies blocked
allowed uk to legislate on public services in scottland and Wales
blocked gender reform bill in Scott under sunak
- against executive
parliament remains ultimate legal authority
judges can only declare incompatible with the HRA
illegal immigration bill 2023
can simply change law if supreme court deems as illegal
the safety of rwanda act
ministers can ingnore emergency rulings against ECHR
prevents supreme court using judicial review
uks withdrawal from EU 2016
ECJ no longer applies
since 2010 there have been weak govt increased power of parliament to scrutinize and challenge exec
TM defeated 33 times
3 brexit related in one day
siNCE NL HOL reform HOL prof and readier to challenge govt leg
- for executive
parliamentary sovereignty is executive sovereignty as gov usually dominates parliament
elective dictatorship
exec controls parliameary agenda and whipping and large majority to very rarely lose votes
TB lost only 4 votes in ten years
since ww11 over 99% of votes in hOC have been won by govt
2022/23 session 76% of 56 bills royal assent
sunak defeated once
- for devolved bodies
devolved bodies have sig powers
scottland key public services healthcare transport welfare benefits income tax rates
right to 50% all VAT raised in Scott
sewel convention
Scotland act 2016 and Wales 2017
Example: Shared Prosperity Fund (2020) – UK Government tried to control post-Brexit funding but faced strong opposition from Scotland and Wales.
Impact – Devolved governments influenced the outcome, showing they have power over key decisions.
Sewel Convention – Westminster normally doesn’t legislate on devolved matters without consent, limiting its control.
Supports the view that Parliament’s power is restricted in devolved areas.
- against devolved
parliament could take back devolution
retains legal power to abolish
sewel convention isn’t legally binding only recognized in Scotland 2016 and Wales 2017 act
public services are devolved but uk passed strikes minimum services level act 2023 with opp from Scott and Wales they saw as interfering of right with public services
govt said necessary to keep PS running during strikes passed the law
supreme court 2022 consent of uk parliament necessary to leg for a second Scott indy red
2023 sunak used section 35 to block Scotts gender reform bill
- for the people
the people have political sovereignty with which they grant parliament legal sovereignty
in democracy legal sov derives power from people
they elect and delegate legal authority to a rep
if people aren’t happy they removes thru elections
2024 election removing c
referendums in last few decades
scott indy ref, brexit electoral system devolution
convention has developed that people should be consulted via ref before constitutional reform
people have power over key cositutional changes
parliament unlikely to deny highly expressed will of the people
- against people
whilst people have political sovereignty this has always been the case and parliamentary sovereignty refers to legal sovereignty that is trad held by parliament
refs only advisory parliament remains sov after a ref and could decide not to impelement
or call a diff one to get a diff result
as peoples vote movement tried in brexit
confirmed in article 50 court case supreme court ruled that uk parliament had to have a vote before article 50 could be triggered to start the process of withdrawal from EU
LOA
yes
