Relations Between Branches- The Changing Locations Of Sovereignty In The UK Flashcards
Form of sovereignty
Legal sovereignty
Political sovereignty
Popular sovereignty
Devolved sovereignty
Legal sovereignty
This refers to formal power, which usually lies where laws are made. In the UK, Parliament is seen to have legal sovereignty.
Political sovereignty
This refers to the body, institution or group that in practice holds the most influence over decision making. In the UK, the governing party, the cabinet and the prime minister are often thought of as having political sovereignty, in part due to their dominance over Parliament.
Popular sovereignty
Popular sovereignty rests with the electorate, which votes in referendums and elections, the outcome of which are in practice binding on Parliament.
Devolved sovereignty
Parliament agrees for other bodies or institutions to take decisions. These
‘devolved’ powers can be taken back by the UK Parliament at a later date.
General definition of legal sovereignty
Where formal, legal power is supposed to reside.
General definition of Political sovereignty
Those individuals, groups or institutions that exercise sovereignty in practice. It is the reality of where power resides.
Parliament is sovereign
Brexit has meant that the UK Parliament once again enjoys full legal sovereignty. Example: prior to Brexit, it was accepted in the Factortame Case that EU law had ‘primacy’ over UK law. The UK Parliament could not introduce a law that conflicted with EU law, but now it can.
Political sovereignty is not fixed and is restricted by parliamentary assertion. A party with a thin or nonexistent majority will find it much more difficult to control the parliamentary agenda. Example: in spring and autumn 2019, Parliament voted to take over the agenda of Parliament using Standing Order 24, wresting it away from government and allowing it to initiate its own votes on Brexit.
If the popular will is divided, as shown by the EU referendum and also by the 2017 general election, the net effect is to empower ordinary MPs who hold more power ir a hung parliament, thus allowing Parliament to take control of decision making.
Despite devolution, Parliament retains reserved powers, and still takes the major decisions affecting the nation.
The Sewel Convention is not legally binding and so the devolved bodies can be ignored by Parliament. Example: the Supreme Court ruled in 2017 that the devolved bodies could not reject what Parliament passes in relation to Brexit.
Parliament is NOT sovereign
Many of the powers returning to the UK will not be subject to parliamentary jurisdiction but instead be wielded by government ministers in the form of secondary legislation.
Political sovereignty rests with the governing party, the cabinet and the prime minister. The fusion of powers allows the government to sit in Parliament and to control the agenda. Example: despite Parliament’s approval of the Article 50 process, the decision to comply with requests to extend Article 50* and thus delay Brexit rested with the prime minister and cabinet.
Popular sovereignty has challenged parliamentary sovereignty. Example: the outcome of the EU referendum in 2016 served as an instruction to Parliament to deliver on Brexit.
Parliamentary sovereignty has been effectively devolved to newly created institutions such as the Scottish Parliament. Example: the Sewel Convention implies that the devolved bodies should be asked for their consent to laws passed by Parliament that are considered to be under the jurisdiction of the devolved administrations.
Factortame Case
A ruling by the former Law Lords which asserted that EU laws on fishing rights took priority over a UK law that banned foreign vessels in UK waters.
Standing Order 24
A rule of the House of Commons that allows an MP to request an emergency debate on a particular topic. The Speaker can decide whether to accept or reject the request. Most often the request is refused, but the Speaker is more likely to be swayed if the government lacks a majority.
Article 50
The legal mechanism for a member of the EU to leave the EU. It is essentially a notice period that a country gives to leave, but this notice period can be extended by mutual consent.
Sewel Convention The expectation that the UK Parliament would not normally legislate in areas that are considered to be part of the jurisdiction of the devolved bodies.
Making links to the shift in sovereignty from Parliament to devolved bodies…
The shift in sovereignty from Parliament to the devolved bodies links to the adoption of a more pluralistic democracy, as it allows pressure groups more access points to exercise influence.
