Locations of Sovereignty in the UK Flashcards
What is sovereignty? - Sovereignty
Sovereignty is the ultimate and superior law making power within the UK, with the capability to do whatever a sovereign body wishes to do.
What is legal sovereignty? - Sovereignty
Legal sovereignty is the theoretical constitutional location of law making power.
What is political sovereignty? - Sovereignty
Political sovereignty is where law making ability resides in reality. This usually means with the governing party in the Executive, their (probable) majority in Parliament and with the electorate at General Elections and Referendums.
Why do some political theorists nowadays argue that the idea of parliamentary sovereignty is an outdated concept? (3) - Sovereignty
Parliamentary sovereignty is now arguably outdated as the people are sovereign during referendums and elections, power is also devolved in a quasi-federal manner to other institutions and Government is effectively sovereign over Parliament as government will rarely lose votes on account of a heavily whipped majority.
What evidence is there that sovereignty is being restored to Parliament in some areas? - Sovereignty
Parliament has regained the ability to sanction military action through convention rather than it be a prerogative power, the FTPA 2011 means that Parliament can grant early General Elections, the HoL is now more active to obstruct Executive actions.
What evidence is there that Parliament is sovereign? - Sovereignty
Parliament can be seen as sovereign through the Miller case of 2017, the UK doesn’t need to conform to ECtHR rulings (citing parliamentary sovereignty), Parliament can reverse devolution, Parliament is theoretically omnicompetent.
What evidence is there that Parliament is not sovereign? - Sovereignty
The Executive can dominate Parliament as long as it has a mandate and majority, it is unlikely that devolved powers will ever be restored to Westminster, Parliament’s hands were tied with the implementation of the Brexit result, the ECHR is increasingly entrenched in UK law and, as such, is binding on Parliament.
