The location of sovereignty in the UK political system - 4.4 Relations between institutions - UK Government

Question 1

Legal sovereignty

Answer 1

The right to ultimate legal authority in a political system; in the UK this belongs to Parliament - there is no higher legal authority than parliament, it can legislate on any topic

Question 2

Political sovereignty

Answer 2

The ultimate political power; in the UK’s democracy the electorate holds this power which it delegates to parliament

Question 3

Argument that sovereignty has moved to executive

Answer 3

• Secure majority
• Whipping system
• Control of legislative assembly
• Parliament Act
• Prerogative powers
• Legally can deploy troops

Question 4

Challenge to parliamentary sovereignty

Answer 4

• Creation of the supreme court (ended HoL being UK’s final court of appeal)
  But was established by act of Parliament which could theoretically be changed
  Supreme Court cannot strike down a law & it is up to parliament to decide whether to amend legislation or not

Question 5

Developments affecting sovereignty

Answer 5

Devolution
Referendums
Human Rights Act
EU membership

Question 6

Devolution (a development affecting sovereignty)

Answer 6

• Transfer of powers and functions to new bodies giving them authority on certain topics
• UK Parliament can technically abolish them, but in reality as long as they command public support this is unlikely.
  Political reality overrides constitutional theory in the real world

Question 7

Referendums (a development affecting sovereignty)

Answer 7

Increased use of referendums sometimes considered threat to Parliamentary sovereignty.
Theoretically referendum is advisory not binding
Reality unlikely parliament would ignore outcome of a vote - would lead to public backlash.
Highlights the difference between legal and political sovereignty

Question 8

Human Rights Act (a development affecting sovereignty)

Answer 8

Increased power of judges who can declare legislation incompatible
Cannot compel parliament to change laws
Technically parliament should implement rulings of ECHR

Question 9

Example of Parliament not implementing the rulings of ECHR

Answer 9

ECHR demands prisoners right to vote, in UK they cannot

Question 10

EU membership (a development affecting sovereignty)

Answer 10

Supporters argue sovereignty is ‘pooled’ not lost - all member states shared some sovereignty for common purpose.
Moderate euro-sceptics support opt-outs to reclaim sovereignty
Euro-sceptics - withdraw from EU to regain sovereignty
Parliament agreed to limit its own power in the first place (1972 European Communities Act) but conflicts with ‘no parliament can bind its successor’
Parliament has the right to withdraw from EU so sovereignty is in abeyance not lost

Question 11

Example of parliament accepting EU law over national law

Answer 11

Factortame case