Location of sovereingty

Question 1

what is sovereignty

Answer 1

The ultimate authority

Question 2

who traditionally according to the consitution has sovereignty in the UK

Answer 2

Albert Dicey - ‘In theory Parliament has total power. It is sovereign’ - The Law of the Constitution

Question 3

what are the two types of sovereignty

Answer 3

Legal Sovereignty
Political Sovereignty

Question 4

legal sovereignty

Answer 4

Ultimate constitutional sovereignty - the body with ultimate authority according to the law

Question 5

political sovereignty

Answer 5

Ultimate political power

Question 6

who has legal sovereignty

Answer 6

Ultimate constitutional sovereignty still lies with Parliament. Parliament can still make and unmake any law (e.g. the EU Withdrawal Act 2018 repealed the European Communities Act
1972; Conservative proposal to repeal the Human Rights Act 1998).

Question 7

who had the final say on Brexit

Answer 7

Legal Sovereignty - Parliament since it passed the acts
Political - the people in the 2016 referendum
the conservative government by accepting the referendum as decisive, timetabling both withdrawal bills and using a three line whip in the votes on it
The people, by voting for parties promising Brexit in the 2017 and 2019 elections

Question 8

factors that have undermined parliamentary sovereignty

Answer 8

Increased use of referendums - the people
Introduction of a separate Supreme Court
Devolution
EU membership and European integration
(political union)
Elective dictartorship

Question 9

despite those factors how does parliament still have the final say in theory

Answer 9

More referendums - ignore them as they are not legally binding, not hold referendums
Seperate SC - change the law, abolish/restrict SC
Devolution - Abolish/restrict devolution
EU - veto big decisions, leave the EU

Question 10

how can it argued that while Parliament has legal sovereignty, the executive has political sovereignty?

Answer 10

Control majority in HoC

Control timetable in Parliament

Bypass Parliament with prerogative powers

Bypass Parliament with secondary legislation

Question 11

arguments on the view that parliament is still sovereign - executive - for and against

Answer 11

For : Parliament has final say on legislation
Against : The executive has significant control over parliament (majority in HoC, control of
timetable, prerogative powers) – elective
dictatorship – to push through legislation in
practice (🡪 political sovereignty)
Mini Con - still depend on parl to pass laws, increased presence of BB rebellion suggests that parliment still holds legal sovereignty
Mini Con - polarisation has increased party unity which has given the executive more power over parliament

Question 12

arguments - SC

Answer 12

For : The Supreme Court can use judicial review
to overrule the executive, but cannot overrule Parliament, only suggest changes. Also, Parliament can change the law the Supreme Court only applies the law
Against : Introduction of a Supreme Court has
undermined parliamentary sovereignty; final
say on application of the law by the Supreme Court using judicial review
Mini Con - Parliament not following judicial review SC cases will make them unpopular and most of the time they comply
Mini Con - Judicial Review and Courts Act has reduced the power of JR, though parliament complies with SC most times, it is because they chose to do so not because they are mandated to

Question 13

arguments - referendums

Answer 13

For : Referendums are advisory not binding;
Parliament decides to have a referendum in
the first place
Against : Increased use of referendums has given final say to the people
Mini Con - 120 MPs voting against their constitutents on the article 50 vote
Parliament can take decisions on its on but decides to hold referendums as a way of extending power to the people, though this may undermine PS - it is done on parliaments will + it is not used often
Mini con - referedums give the people opportunity to take big political decisions that should be within parliament’s jurisdiction

Question 14

arguments - devolution

Answer 14

For : The UK Parliament could repeal devolution
Against : Devolution has given the final say on some issues to devolved parliaments
Mini Con - repealing devolution would be unpopular - devolved regions now have the power to make decisions on issues themselves
Mini Con - parliament granted devolution and could restrict it even further, direct rule - UK government takes over direct responsibility for government decisions in Northern Ireland, happened in 2019 and the UK parliament passed laws legalising abortion and gay marriage that the NI government were opposed to. - section 35 - gender bill