Practical (Not Legal) Limits to Parliamentary Sovereignty Flashcards
1
Q
Practical (Not Legal) Limits to Parliamentary Sovereignty (2 Points)
A
- dicey recognised sovereignty ‘is limited on every side by the possibility of popular resistance’
- this is a democratic society, the government’s purpose is to serve the people. they are elected by us and thus parliament’s power is limited
2
Q
dicey suggested parliament’s powers were not limited by law, but that there are practical limits (2 Points):
A
- internal - parliament will not enact legislation which will harm those it represents
- external - such laws would be ineffective because they would be disobeyed (e.g. poll tax)
3
Q
impact of devolution acts? (2 Points)
A
- parliamentremains sovereign, and retains the power to amend the devolution acts or to legislate on anything that has been devolved;
- however, the government has made clear it will not normally legislate on a devolved matter without the consent of the devolved legislature