12 Questions
What is the core concept of parliamentary sovereignty?
The legislative body has absolute authority to make, amend, and repeal laws.
What is a key feature of parliamentary sovereignty?
Parliament has unlimited power to make laws on any matter.
Where did the concept of parliamentary sovereignty originate?
The United Kingdom
What is a limitation of parliamentary sovereignty?
International law and human rights laws.
What is a criticism of parliamentary sovereignty?
It leads to the abuse of power.
What is a consequence of parliamentary sovereignty?
Parliament's laws take precedence over any other source of law.
What principle of administrative law ensures that individuals are treated fairly and without bias?
Procedural fairness
What is a limitation on parliamentary sovereignty in countries with a written constitution?
Constitutional supremacy
What is a mechanism for limiting parliamentary sovereignty?
Judicial review
What is a key principle of administrative law that ensures decision-makers act reasonably?
Reasonableness
What is a limitation on parliamentary sovereignty in the UK?
All of the above
What is a key difference between the UK and countries with a written constitution?
The concept of constitutional supremacy
Study Notes
Definition
- Parliamentary sovereignty is a concept in constitutional law that holds that the legislative body (parliament) has absolute authority to make, amend, and repeal laws.
- This means that parliament has the power to create, change, or abolish any law it sees fit, without being restricted by a higher authority.
Key Features
- Unlimited power: Parliament has the authority to make laws on any matter, without limitations.
- Unchallengeable: The laws passed by parliament cannot be challenged or overturned by any other branch of government (e.g. judiciary).
- Supreme: Parliament is the highest authority in the land, and its laws take precedence over any other source of law.
History and Development
- Originated in the UK, where it was established through a series of statutes and court decisions, particularly the Bill of Rights (1689) and the Act of Settlement (1701).
- Has been adopted and adapted by other countries, including Canada, Australia, and New Zealand.
Limitations and Criticisms
- While parliament has absolute authority, it is still subject to certain constraints, such as:
- Conventions: Unwritten rules and traditions that guide parliamentary behavior.
- International law: Parliament may be bound by international treaties and agreements.
- Human rights: Parliament may be limited by human rights laws and conventions.
- Critics argue that parliamentary sovereignty can lead to:
- Abuse of power: Unchecked power can lead to tyranny and abuse of authority.
- Lack of accountability: Parliament may not be held accountable for its actions.
Comparison with Other Systems
- Contrasts with the concept of "constitutional supremacy" found in countries with a written constitution, where the constitution is the supreme law and limits the power of the legislature.
- Similar to the concept of "legislative supremacy" found in some countries, where the legislature has significant power but may still be subject to certain limitations.
Test your understanding of parliamentary sovereignty, a concept in constitutional law that holds the legislative body has absolute authority to make, amend, and repeal laws. Learn about its key features, history, and limitations.
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