Parliamentary sovereignty Flashcards
What is Parliamentary sovereignty?
The doctrine that parliament has absolute legal authority within the state. (the cornerstone of the UK constitution).
What does ‘sovereignty’ mean?
legal/legislative supremacy constructed around three interconnected propositions:
Parliament can legislate on any subject of its choosing.
legislation can not be over turned by any higher authority.
no parliament can bind its successors.
Things that threaten parliamentary sovereignty.
EU membership- European communities act of 1972 saw parliament effectively agreeing to make itself subservient to European law.
Devolution- New labours devolution programme saw scottish parliament being granted tax varying powers as well as legislative powers over many areas of government of operations.
Referendums-Although theyre only advisory in nature, their increased usage since 1997 has transferred a degree of legislative power back from parliament to the people.
How will departure from the EU restore British sovereignty?
restore parliamentary sovereignty( no longer subject to European law)
Policy competences returned to uk Govt/parliaments.
Voters will have greater opportunity to hold the govt accountable for policy decisions in areas where the EU had competences.
How wont departure from the EU restore British sovereignty?
Globalisation
Post Brexit deal with the EU may still entail some loss of sovereignty if the UK-EU relationship is anything like that of Norways and Switzerland(soft Brexit).
