Sovereignty in the UK political system

Question 1

Sovereignty in the UK Political System: legal and political sovereignty

Answer 1

Legal sovereignty is the legal right by which sovereignty can be exercised.
Political sovereignty is the ability to exercise sovereignty in practice.

Question 2

Sovereignty in the UK Political System: movement of sovereignty

Answer 2

Sovereignty has shifted towards the executive, as seen when PM Theresa May deployed the army for airstrikes in Syria without Parliament’s consent in 2018. Additionally, the Human Rights Act of 1998 incorporated ECHR rulings into UK law, transferring legal supremacy from Parliament to the judiciary.

Question 3

Sovereignty in the UK Political System: sovereignty to EU and judiciary

Answer 3

The UK’s EU membership shifted sovereignty from Parliament to the EU, making it subject to EU regulations like in the 1990 Factortame case. Additionally, the 1998 Human Rights Act incorporated ECHR rulings into UK law, transferring legal supremacy from Parliament to the judiciary.

Question 4

Sovereignty in the UK Political System: constitutional reform

Answer 4

Constitutional reform has shifted sovereignty from Parliament to other UK political institutions. Devolution in 1998 transferred powers to the Scottish Parliament, Welsh and Northern Ireland Assemblies, reducing UK Parliament’s authority. Additionally, the 2005 Constitutional Reform Act established the Supreme Court, separating the UK’s final appeal court from the House of Lords.

Question 5

Sovereignty in the UK Political System: legal sovereignty of parliament

Answer 5

Parliament holds the legal authority to repeal legislation affecting its sovereignty, including the Act permitting EU entry, allowing withdrawal from the EU. In 2017, Parliament approved the Brexit Bill, activating Article 50 and initiating the UK’s departure from the EU. Parliament retains legal sovereignty over critical areas like foreign policy, taxation, and defense.

Question 6

Sovereignty in the UK Political System: limits to political sovereignty

Answer 6

Referendums empower UK voters to make significant political decisions, such as the 2016 EU referendum where over 33.5 million people voted. However, the EU’s ability to enact laws overriding parliamentary law, and the executive’s power to deploy troops to war without parliamentary consent, restrict parliamentary sovereignty.