sovereignty of parliament Flashcards
What is sovereignty of parliament more commonly known as
legislative supremacy
how important is it to the UK constitution
very important, it ts the core of the UK constitution
what did John Austin define sovereignty as
a body who is obedient to no one else in the state
3 things Dicey described sovereignty as parliament as
- parliament is the supreme law making body
- top political authority in the state
- can make/ unmake any law
what is the legal term for being able to make/unmake any law
unlimited legal competence
what case shows courts are reluctant to interfere with parliament
British railways v pickings
what is the role of the courts
to only apply and enforce acts of parliament
3 advantages of sovereignty of parliament
(brief)
- flexibility and efficiency
- democratic representation
- clear framework/political stability
how is flexibility and efficiency an advantage of sovereignty of parliament ?
PS (parliamentary sovereignty) allows parliament to respond quickly by ammending, making new laws without the need for a lengthy process.
eg covid 19
how is PS a democratic representation
composed of elected representatives chosen by most of society.
how is PS show a clear framework/political stability
it provides a clear hierarchy of authority as parliament are:
- the supreme law making
- top political authority in the state
- unlimited legal competence
2 negatives of PS.
(brief)
abuse of power
undermines rule of law
how is PS powers restrained in 4 ways
- politics
2.democracy
3.morality - rule of law
what is the earliest history of PS
Magna Carta 1215
what is the main history of PS
the glorious revolution 1688
and the bill of rights 1689
