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Questions and Answers
What is the core concept of parliamentary sovereignty?
What is the core concept of parliamentary sovereignty?
What is a key feature of parliamentary sovereignty?
What is a key feature of parliamentary sovereignty?
Where did the concept of parliamentary sovereignty originate?
Where did the concept of parliamentary sovereignty originate?
What is a limitation of parliamentary sovereignty?
What is a limitation of parliamentary sovereignty?
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What is a criticism of parliamentary sovereignty?
What is a criticism of parliamentary sovereignty?
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What is a consequence of parliamentary sovereignty?
What is a consequence of parliamentary sovereignty?
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What principle of administrative law ensures that individuals are treated fairly and without bias?
What principle of administrative law ensures that individuals are treated fairly and without bias?
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What is a limitation on parliamentary sovereignty in countries with a written constitution?
What is a limitation on parliamentary sovereignty in countries with a written constitution?
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What is a mechanism for limiting parliamentary sovereignty?
What is a mechanism for limiting parliamentary sovereignty?
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What is a key principle of administrative law that ensures decision-makers act reasonably?
What is a key principle of administrative law that ensures decision-makers act reasonably?
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What is a limitation on parliamentary sovereignty in the UK?
What is a limitation on parliamentary sovereignty in the UK?
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What is a key difference between the UK and countries with a written constitution?
What is a key difference between the UK and countries with a written constitution?
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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.
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Description
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.
