Parliamentary Sovereignty Flashcards
What is parliamentary sovereignty
Law created by parliament-
Highest source of law in England-
Supreme over all other forms of law in England and Wales
What does it mean that the parliamentary sovereignty is supreme over all other forms of law
Parliament can legislate on any subject matter-
No parliament can be bound by any previous parliament-
Parliament can’t pass a law that will bind a future parliament-
Nothing has the right to override or set aside an act of parliament
3 limitations on parliamentary sovereignty
Effect of the human rights act 1998-
Devolution-
EU membership
Explain the effects of the human rights act 1998
Acts of parliament have to be compatible with European convention on human rights-
HRA have the power to declare an act incompatible with ECHR
Explain Devolution
Power spread out over UK-
Scotland and Wales act 1998 have handed these nations the power to make laws on some matters for their own country without parliament approval-
The parliament cannot legislate
Explain EU membership
EU laws take priority over English law-
Even where English law was passed after EU law on certain areas in Scotland and Wales