Sovereignty

Question 1

Define legal sovereignty

Answer 1

Legal sovereignty is the power to make and unmake binding laws, to grant ultimate powers to individuals or other bodies and to determine the nature of the constitution

Question 2

Where does legal sovereignty lie?

Answer 2

With Parliament, no other body has the power to make laws or to overrule laws made by Parliament.

Question 3

How is the legal sovereignty of Parliament disputed?

Answer 3

Membership with the EU disputes this, it’s sufficient to say that Parliament can restore its legal sovereignty at any time by withdrawing from the EU.

Question 4

What can legal powers be granted to by Parliament?

Answer 4

Legal powers can be granted to a subsidiary body or to a minister, in such cases Parliament is delegating its legal sovereignty and can take it back at any time.

Question 5

What’s an example of delegated legal powers?

Answer 5

The Scottish Parliament has primary legislative powers under the Scotland Act 1998

Question 6

As every Parliament is legally sovereign, what implications does this have?

Answer 6

Each Parliament is not bound by the laws made by previous Parliaments but it also can’t bind a successive Parliament by entrenching any laws.

Question 7

What is pooled sovereignty?

Answer 7

When legal sovereignty is shared between a number of different sovereign states - such as the EU - it’s known as pooled sovereignty, meaning ultimate power is exercised collectively and decisions become binding on all members.

Question 8

Define popular sovereignty

Answer 8

Popular sovereignty refers to those circumstances when the people’s decision, in an election or referendum, is effectively binding on the political system.

Question 9

In legal terms, do the people have some sovereignty?

Answer 9

No, but in some senses it can be said that the people effectively are sovereign.

Question 10

How can the people be considered sovereign regarding elections?

Answer 10

The people elect a Parliament and a government at each general election, their verdict can’t be challenged.

Question 11

How can the people be considered sovereign regarding mandates?

Answer 11

If it’s clear which party has been elected, that party has a mandate to carry out the policies in its election manifesto. Hence the people have granted authority to the government to exercise power.

Question 12

How can the people be considered sovereign regarding referendums?

Answer 12

Referendums are held fairly regularly, despite the results not being binding on Parliament (due to legal sovereignty), it is virtually inconceivable that a government or Parliament would refuse to accept the verdict of a referendum

Question 13

Define political sovereignty

Answer 13

Political sovereignty refers to the location of real power. It ignores where legal sovereignty may lie and concentrates on who realistically can exercise power within the state.

Question 14

Who has political sovereignty in the UK?

Answer 14

The Prime Minister and the UK government, as in reality they hold the most power.

Question 15

Who has political sovereignty in Scotland?

Answer 15

The Parliament and government hold most power in that country.

Question 16

How can political sovereignty be seen in the UK government?

Answer 16

It has a mandate from the people and most of its proposals are almost certain to be accepted through Parliament.

Question 17

How can political sovereignty be seen in the PM?

Answer 17

They exercise power on behalf on the monarch, when they exercise those powers it can be said he is exercising political sovereignty. Even

Question 18

How can political sovereignty be seen in the Scottish,Welsh and Northern Irish government and assemblies?

Answer 18

They have political sovereignty over certain areas of policy making as the devolution laws have granted them wide powers.

Question 19

What can sometimes be described as political sovereignty?

Answer 19

The popular sovereignty exercised by the people at general elections

Question 20

When did Britain join the the European Community?

Answer 20

1st January 1973

Question 21

What areas of jurisdiction have largely been passed over to the EU?

Answer 21

Trade
Agriculture
Fishing
Employment

Question 22

What areas does the EU have little jurisdiction over?

Answer 22

Education
Health provision
Social security

Question 23

How has power been gradually moved from London to Brussels?

Answer 23

Through Union treaties moving power from Parliament to the EU Council of Ministers), the Maastricht Treaty (1992) and the Lisbon Treaty (2009) are prime examples of this.

Question 24

What happens when there is a dispute over the meaning and application of EU law?

Answer 24

EU law is enforced by courts in the member states, but if there’s any dispute the European Court of Justice will interpret the law and their interpretations are binding on all other courts.

Question 25

What example established that EU laws are superior to UK laws and summarised the fairly clouded question of where political and legal sovereignty lie?

Answer 25

The Factortame case in 1990 when it was ruled that the Merchant Shipping Act (a UK law) was inferior to the EU fisheries regulations. In this case, Spanish fishing vessels were given rights to operate in British waters against the wishes of the UK Parliament.

Question 26

How can the British courts be used in summarising the fairly clouded question of where political and legal sovereignty lie?

Answer 26

They must implement EU laws

Question 27

How are interpretations of EU law used in summarising the clouded question of where political and legal sovereignty lies?

Answer 27

Where an interpretation of EU law is required it must be referred upwards to the ECJ, so the Supreme Court isn’t the highest court of appeal in all cases. This principle was established in the 1993 case, Regina vs. International Stock Exchange, by Lord Bingham

Question 28

How can a unanimous vote in the EU Council of Minsters be used in summarising the clouded question of where political and legal sovereignty lies?

Answer 28

For proposals that require a unanimous vote in the EU Council of Minister to become EU laws, the UK doesn’t sacrifice sovereignty as it has an effective veto, e.g. the UK has consistently vetoed any attempts to harmonise taxation throughout Europe.

Question 29

How does QMV summarise the clouded question of where political and legal sovereignty lies?

Answer 29

However, where proposals can become EU law with only a qualified majority vote (about 71%) in the Council of Ministers, the UK must submit to the shared sovereignty of the EU.

Question 30

How does not passing a statute conflicting with EU law summarise the clouded question of where political and legal sovereignty lies?

Answer 30

Parliament shouldn’t pass any statute conflicting with existing EU law (e.g. removing workers’ rights guaranteed by the EU Social Chapter). If it does so, the courts will not enforce such a law.

Question 31

Define quasi-federalism

Answer 31

A description often applied to both the EU and devolution in the UK. Though the arrangements in the EU and the UK aren’t legally federal they are so similar to a federal system that they can be described as quasi federalism - i.e. something close to federalism.

Question 32

Why does Parliament remain legally sovereign despite devolution?

Answer 32

Parliament remains legally sovereign, even where power has been granted/delegated to other bodies or individuals, it can reclaim those powers at any time. This applies to the devolved governments of Scotland, Wales and Northern Ireland.

Question 33

Where has a good deal of political sovereignty been transferred away to?

Answer 33

A good deal of political sovereignty has been transferred away from Parliament. This has mainly gone to the PM and/or the government. It has also gone to the people when a referendum is held. Parliament doesn’t have to accept the result of a referendum, but effectively it is unlikely that Parliament would overrule the people. • Since devolution in 1998, a good deal of political sovereignty has been effectively transferred to the assemblies and governments of Wales, Northern Ireland and Scotland.

Question 34

Where has some legal sovereignty been transferred away to?

Answer 34

Some legal sovereignty has been transferred to the EU and such transfers are referred to as ‘pooled sovereignty’. Furthermore, where EU decisions require a unanimous vote, such as the proposed admission of new member states, Britain retains a veto and so doesn’t give up sovereignty. Overall, however, it must be remembered that Britain is free to leave the EU at any time and so restore all legal sovereignty to Parliament