MOCKS: Evaluate the extent to which the UK parliament remains effectively sovereign.

Question 1

What are the 4 factors?

Answer 1

Supreme Court
Devolution
Human Rights Act
Brexit

Question 2

How can the Supreme Court undermine parliamentary sovereignty? Example?

Answer 2

Can challenge legislation.
Challenges ministers in court by judicial review.

E.g., 2020 Facial recognition technology. PG liberty won legal challenge over police use. Court of Appeal deemed it a breach of rights.

Question 3

How can the Supreme Court keep parliamentary sovereignty?

Answer 3

SC is established by the Act of Parliament so can be abolished.

Can only overturn secondary legislation.
Can’t strike down laws- up to parliament.

Question 4

How does devolution harm parliamentary sovereignty?

Answer 4

Transferred power away from parliament.

Question 5

Why can’t devolved institutions have power taken away?

Answer 5

There would be huge backlash.
46% of Scotland want full independence.

Question 6

Provide an example of more devolved powers being given.

Answer 6

Senedd has power to make laws over key areas over Welsh life e.g., education, housing etc.

Question 7

How can devolution keep parliamentary sovereignty?
Provide an example of parliament using power.

Answer 7

Powers are granted by parliament so can take them away.

2021 Scotland argued the UK govt signaled a desire to undo devolution.

POWER USED:
2022, British govt vetoed Scottish gender recognition bill.

Question 8

How does the HRA undermine parliamentary sovereignty? Example?

Answer 8

Provides more power to judges to check Parliament’s actions so can challenge cases.

E.g., 2005 prisoner voting ban declared unlawful.

Judges can issue incompatibility declarations so Parliament should amend laws.

Question 9

How can the HRA keep parliamentary sovereignty?

Answer 9

HRA isn’t fully entrenched.
Parliament can remove HRA.

Question 10

How does Brexit undermine parliamentary sovereignty?

Answer 10

Introduced complexities/limitations.
E.g., global market dynamics still influence the UK.

Question 11

How does Brexit keep parliamentary sovereignty?

Answer 11

Parliament regained legislative rights, can make laws without EU regulations.
UK has freedom to set up independent trade policies.
UK can have own immigration policies without EU constraints.