Untitled Quiz

Parliamentary Scrutiny of Government

• Parliament's sovereignty means it holds the highest legal authority, able to create or repeal any law, and no other entity can override its legislation.
• The concept of parliamentary sovereignty stems from the Glorious Revolution (1688) and the Bill of Rights (1689), affirming Parliament's power over the monarchy.
• Parliamentary sovereignty in the UK rests on key principles articulated by A.V. Dicey, particularly the unlimited legislative power of Parliament.

A.V. Dicey's Key Principles:

• Government according to Law: All state actions must have a legal basis.
• Equality Before the Law: The law applies equally to everyone, regardless of status.
• Constitution Arises from Ordinary Law: Key constitutional principles develop from common law, emphasizing procedural regularity and specific hallmarks of lawmaking.

The Rule of Law

• The rule of law ensures that everyone – including lawmakers, government officials, and citizens – is subject to and accountable under the law.
• It emphasizes equality before the law, fairness, legal certainty, and access to justice.
• The concept of the rule of law is central to the UK constitution, as outlined by A.V. Dicey and further emphasized by Lord Bingham, who highlighted its role in protecting fundamental rights.

Key Cases:

• Entick v Carrington: This case established the principle that the government can't exercise power without legal authorization.
• R (Unison) v Lord Chancellor: This case overturned employment tribunal fees, as they restricted access to justice, reaffirming the essential nature of the rule of law.

Tension between Sovereignty and the Rule of Law

• Parliamentary supremacy empowers Parliament to enact laws that may appear to contradict the rule of law principles, as illustrated by the Public Order Act 1986, which restricts free speech in certain contexts.
• Courts aim to interpret legislation in accordance with the rule of law principles; however, Parliament's ultimate authority prevails.

Recent Developments

• Brexit: The withdrawal from the EU restored full sovereignty to Parliament, but it raised concerns regarding the courts' capacity to upholding the rule of law, as evidenced by the Miller cases.
• Human Rights Act 1998: By incorporating the European Convention on Human Rights into UK law, courts have gained the ability to challenge Parliamentary legislation that violates fundamental rights, presenting a check on sovereignty.

Parliamentary Scrutiny of Government

• Government ministers are accountable to Parliament both individually and collectively.
• Parliamentary scrutinizes government policies, administration, and expenditures, which is a vital aspect of the government's legitimacy and authority granted through Parliament's majority.