UK Constitution: Principles

Question 1

Parliamentary Sovereignty

Answer 1

Location of supreme constitutional power, can reshape constitution. 
Based on 4 conditions:
- Absence of a codified constitution
- Supremacy of statute law
- Absence of rival legislatures
- Cannot make laws that cannot be unmade

Question 2

Doubts over Parliamentary Sovereignty

Answer 2

Has the right to amend law but not the ability. Any unconstitutional acts could result in protest/revolution.
Examples that make parliamentary sovereignty difficult:
- Powerful pressure groups (esp. business)
- Public opinion (electoral pressure)
- Views of major trading partners (USA, EU)
- Policies of international organisations (EU, WTO, UN)
Growth of referendums, devolved assemblies, Human Rights Act, etc.

Question 3

Rule of Law

Answer 3

Government still subject to legal checks and constraints; NOT above the law.

Question 4

Parliamentary Government

Answer 4

Government governs in and through Parliament. However, elective dictatorship: executive can use sovereign power of Parliament for own ends.

Question 5

Constitutional Monarchy

Answer 5

In the 19th century power transferred to ministers, especially Prime Minister. The Lords have little meaningful political power but serve as a symbol of political unity. Monarch must give assent, and ceremonially appoint PM.

Question 6

EU Membership

Answer 6

EU membership encroaches on parliamentary sovereignty in three ways:
- European law now higher than statute law
- Some EU bodies have supranational powers (Parliament cannot resist their directives)
- Decline of national veto, which allowed member states to block EU measures.
However, as Parliament can leave the EU any time they wish and countries gain more by working together, parliamentary sovereignty is still relevant.