16 Questions
What is parliamentary sovereignty?
The highest legal authority within the UK
What is the orthodox view of parliamentary sovereignty?
Parliament has the right to make or unmake any law whatsoever
What is the positive aspect of parliamentary sovereignty?
Parliament has no limits on the content of a particular bill
What is the negative aspect of parliamentary sovereignty?
No external body can challenge parliamentary sovereignty
What is the doctrine of implied repeal?
If a more recent act of parliament is in conflict with a previous act of parliament, the previous act of parliament is impliedly repealed
What is the political limitation of parliament?
Parliament is somewhat limited by its political mandate and represents constituents
What is the Bill of Rights?
The Bill of Rights codified the principle that the ultimate authority for suspending laws or executing laws without the consent of parliament is illegal
What has challenged the orthodox view of parliamentary sovereignty?
The introduction of the Parliament Acts, the Human Rights Act, and supranational legislation from the European Union and international law
What is parliamentary sovereignty?
The principle that an act of parliament is the highest legal authority in the UK
What event led to the introduction of the Bill of Rights in the UK?
The Glorious Revolution of 1688
What is the orthodox view of parliamentary sovereignty?
Parliament has the right to make or unmake any law whatsoever
What is the positive aspect of parliamentary sovereignty?
Parliament has no limits on the content of a particular bill
What is the negative aspect of parliamentary sovereignty?
No external body can challenge parliamentary sovereignty
What is the doctrine of implied repeal?
If a more recent act of parliament is in conflict with a previous act of parliament, the previous act of parliament is impliedly repealed
What recent developments have challenged the orthodox view of parliamentary sovereignty?
The introduction of the Parliament Acts, the Human Rights Act, and supranational legislation from the European Union and international law
Can parliament pass legislation to limit its successor?
No
Study Notes
Introduction to Parliamentary Sovereignty in the UK
- The concept of parliamentary sovereignty is a key concept in constitutional law in the UK.
- The principle of parliamentary sovereignty states that an act of parliament constitutes the highest legal authority within the UK.
- Parliamentary sovereignty comes from a long history in England, dating back to the Glorious Revolution of 1688.
- The Glorious Revolution led to the introduction of the Bill of Rights, which codified the principle that the ultimate authority for suspending laws or executing laws without the consent of parliament is illegal.
- The orthodox view of parliamentary sovereignty is that parliament has the right to make or unmake any law whatsoever, and no person or body is recognized by the law of England as having the right to override or set aside the legislation of parliament.
- The principle of parliamentary sovereignty has a positive aspect, meaning parliament has no limits on the content of a particular bill, and a negative aspect, meaning no external body can challenge parliamentary sovereignty.
- From a legal perspective, parliament can do anything when it comes to the making or unmaking of legislation.
- From a political perspective, parliament is somewhat limited by its political mandate and represents constituents.
- Parliament cannot pass legislation to limit its successor, as this would imply a limitation on parliamentary sovereignty.
- The doctrine of implied repeal states that if a more recent act of parliament is in conflict with a previous act of parliament, the previous act of parliament is impliedly repealed.
- The orthodox view of parliamentary sovereignty has been challenged by recent developments in constitutional law, such as the introduction of the Parliament Acts, the Human Rights Act, and supranational legislation from the European Union and international law.
- In later lessons, the challenges and changes to the concept of parliamentary sovereignty will be explored.
Test your knowledge about the concept of parliamentary sovereignty in the UK with this quiz. Discover the origins and principles of parliamentary sovereignty, as well as the positive and negative aspects of this doctrine. Learn about the limitations of parliament and the challenges to the orthodox view of parliamentary sovereignty. This quiz will provide an engaging and educational experience for anyone interested in constitutional law and the politics of the UK.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
