Evaluate the view that sovereignty is no longer held in one place in the UK.

Question 1

Introduction - Themes

Answer 1

• Devolution
• Supreme Court
• The EU

Question 2

Introduction - Agrument

Answer 2

Currently, in the UK, sovereignty is held in multiple locations from devolved bodies to the judiciary, however, the fact does remain that Parliament is soversign and ultimately still holds all the power

Question 3

Disagree - Devolution - Point

Answer 3

Devolution is the most obvious way in which Parliament has dispersed its sovereignty. The Scottish, Welsh and Northern Irish all have devolved assemblies within which they have a lot of power

Question 4

Disagree - Devolution - Examples

Answer 4

• The Scotland Act 2016 gave the Scottish Parliament significant powers including control over income tax, control over welfare services and control over business tax
• The Government of Wales Act 2017 also increased power in the Welsh Parliament. This included the ability to vary income tax by 10p to thr £ and creation of the Welsh Revenue Authority

Question 5

Agree - Devolution - Point

Answer 5

Parliament has chosen to delegate these powers to the devolved bodies. The fact does still remain that Parliament is sovereign and has supreme control over these insitutions

Question 6

Agree - Devolution - Examples

Answer 6

• In Wales and English Devolved Bodies, it is the Labour and Conservative parties which dominate - Labour has 30 seats and the Conservatives 16 in the Welsh Parliament, and the current Mayor of London is Labour candidate, Sadiq Kahn
• The UK government demonstrated through its decisions to block Soctland’s Gender Reform Bill that the UK Parliament is still in control of devolved institutions

Question 7

Disagree - Supreme Court - Point

Answer 7

The Supreme Court was established by Parliament under the Constitutional Reform Act 2005 and since has arguably gained some sovereignty

Question 8

Disagree - Supreme Court - Examples

Answer 8

• In the 2017 case of UNISON v Lord Chancellor, the Supreme Court declared the government had acted ultra vires by inroducing fees for employment tribunals. Although this had passed in Parliament - the Supreme Court were able to get rid of it
• The PM is also given prerogative powers, however, in the case of Miller and Cherry v The Prime Minister, the Supreme Court ruled that Johnson had abused his power by proroguing Parlaiment to stop a no deal Brexit

Question 9

Agree - Supreme Court - Point

Answer 9

The Supreme Court is only interpreting the laws set by the government has the power to disregard the Supreme Court’s decision as it is not binding

Question 10

Agree - Supreme Court - Examples

Answer 10

• In Her Majesty’s Treasury v Mohammed Jamar Ahmed case in 2010 the SC ruled that the Treasury’s order to freeze the assets of suspected international terrorists was ultra vires on the ground of the UN resolution. Parliament simply passed The Terrorist Asset Freezing Act which made this legal
• In 2005, the Supreme Court and ECHR ruled in the Hirst v UK case, that the government had to give prisoners the right to vote. The government simply disregarded the result

Question 11

Disagree - The EU - Point

Answer 11

From 1973 when the UK officially joined the EEC, the UK Parliament gave up substantial sovereignty to Europe. The EU had the power to create laws which member countries then had to enforce

Question 12

Disagree - The EU - Examples

Answer 12

• The Common Fisheries Policy had a massive impact on the UK Fishing Industry as it granted all member states equal access to the waters of all members states. It is widely believed that fleets from Spain and Portugal triggered the terminal decline in the British fishing industry
• The Common Agricultural Policy meant that subsidies were given farmers to protect them from being undercut. The UK farming industry is relatively small when compared to France, Italy and Spain, so it felt the UK was subsidising

Question 13

Agree - The EU - Point

Answer 13

After the decision to leave the EU, all this lost sovereignty returned to Parliament. This once against illustrates how, ultimately, it is Parliament that is sovereign in the UK

Question 14

Agree - The EU - Examples

Answer 14

• The 2016 EU Referendum meant that 52% of the UK population voted to Leave the EU, the government adhered to this outcome and enacted Article 50 of the Lisbon Treaty
• There were around 5,000 EU regulation in place in the UK. Since the decisions to leave The Retained EU Law Bill 2022 reduced this down to 2,400 laws