sovereignty does not lie in Parliament alone. Flashcards
Sovereignty lies primarily in Parliament alone:
Brexit Referendum Result (2016) – Parliament Still Had Final Say
Even though the referendum was advisory, Parliament had to legislate to trigger Article 50.
The Miller I (2017) ruling confirmed that the government could not act alone — Parliament had to vote, showing its central legislative authority.
Devolved Powers Are Statutory, Not Sovereign
Westminster intervened in Northern Ireland abortion law and same-sex marriage during Stormont’s suspension in 2019.
Control Over the Constitution
Parliament passed the Fixed-term Parliaments Act (2011), then repealed it in 2022, showing its ability to reshape constitutional rules at will.
Devolution and the Shift of Sovereignty
The Scotland Act 1998 created the Scottish Parliament, giving it powers over areas such as education and health. Similarly, the Government of Wales Act 2006 and the Northern Ireland Act 1998 granted devolved powers.
International Obligations Limit Parliament’s Freedom
The Northern Ireland Protocol
Parliament could repeal the Protocol — but it would violate international law, potentially cause a trade war with the EU
Judicial Review and the Role of the Courts
In R (on the application of Miller) v Prime Minister (2019), the Supreme Court ruled that the Prime Minister’s decision to prorogue Parliament was unlawful, illustrating how the judiciary can challenge the actions of the executive even in cases where Parliament has not acted.