Mock revision Flashcards
What is the central debate about parliamentary sovereignty in the UK?
The debate is whether Parliament remains the UK’s ultimate authority or if devolved bodies and the people have limited its sovereignty, reducing its ability to legislate without external constraints.
How does the concept of an “elective dictatorship” relate to parliamentary sovereignty?
Lord Hailsham described executive dominance as an “elective dictatorship,” highlighting how a government with a large majority can dominate Parliament. For example, Tony Blair lost only 4 votes in 10 years, showing the government’s influence over Parliament.
How did Brexit reinforce parliamentary sovereignty?
By leaving the EU in 2020, Parliament regained legislative control over areas previously regulated by the EU. The European Court of Justice no longer has the power to override UK laws, as seen with the Safety of Rwanda Act 2024.
What role does the Sewel Convention play in limiting parliamentary sovereignty?
The Sewel Convention states that UK Parliament cannot legislate on devolved matters without consent. Although not legally binding, it has practical effects, as seen when the government had to compromise on the Shared Prosperity Fund after backlash from devolved bodies.
What is the significance of Section 35 of the Scotland Act?
Section 35 allows the UK government to block devolved legislation if it impacts UK-wide law. For example, in 2023, Sunak used it to block Scotland’s gender reform bill, reinforcing parliamentary dominance over devolved bodies.
How does popular sovereignty interact with parliamentary sovereignty?
In a democracy, the people have political sovereignty, delegating legal sovereignty to Parliament through elections. However, Parliament remains the ultimate legal authority, as referendums are advisory, demonstrated by the Article 50 case after the Brexit referendum.
What evidence shows Parliament’s sovereignty over devolved bodies?
Parliament could theoretically revoke devolved powers, and Section 35 has been used to block devolved bills. However, this is rare and would likely lead to a constitutional crisis.
What conclusion does the essay reach about parliamentary sovereignty?
The essay concludes that Parliament remains sovereign to a considerable extent, despite practical limitations from devolved bodies and the people.
What is a key strength of parliamentary sovereignty in the UK?
Parliament can pass laws on any subject and is not subordinate to any other legal body, as shown by its ability to override international law through legislation like the Safety of Rwanda Act.
What are the weaknesses of the claim that Parliament is fully sovereign?
Devolved bodies control key policy areas like health and education, limiting Parliament’s practical control. Additionally, the Sewel Convention means Parliament rarely legislates on devolved matters without consent.
What evidence supports Lord Hailsham’s “elective dictatorship” concept?
Tony Blair lost only 4 votes in 10 years as Prime Minister, showing the government’s dominance over Parliament due to its large majority.
How does the 2022/23 parliamentary session demonstrate executive dominance?
Out of 53 bills introduced in the session, 43 received royal assent, illustrating how the government uses its majority to pass legislation.
How did Brexit enhance parliamentary sovereignty?
After withdrawing from the EU in 2020, Parliament regained control over areas previously regulated by the EU, and the European Court of Justice could no longer override UK laws.
What is the significance of the Safety of Rwanda Act 2024 in the sovereignty debate?
The Act allows ministers to override international law and European Court of Human Rights rulings, reinforcing Parliament’s legal sovereignty.
What example shows Parliament blocking devolved legislation?
In 2023, Rishi Sunak used Section 35 of the Scotland Act to block Scotland’s gender reform bill, asserting Parliament’s authority over devolved bodies.
