Public Law I: Parliamentary Sovereignty

Study Notes

Parliamentary sovereignty is a constitutional principle.
It defines the ultimate authority in lawmaking within the UK.
The principle posits that Parliament can create or abolish any law.
No other body, including courts, can overrule or set aside Parliament's legislation.

Understand the meaning and implications of parliamentary sovereignty.
Identify different perspectives on parliamentary sovereignty.
Evaluate parliamentary sovereignty concerning separation of powers and the rule of law.

Focus: Who holds ultimate authority in UK law?
Democracy: Parliamentary sovereignty embodies the democratic principle.
Political/Legal Constitutionalism: This examines the legal and political dimensions of the UK's constitution.

Positive Limb: Parliament has the right to create and amend any law.
Negative Limb: No other body within England can challenge or overturn Parliament's legislation.
Dicey's perspective emphasizes Parliament's supreme authority and its role as the keystone of the UK constitution. This principle defines the relationship between the legislature and the judiciary.

No Entrenchment: Courts must apply the most current Act of Parliament.
Express/Implied Repeal: Parliament can repeal prior legislation.
Self-Embracing Sovereignty: Parliament can create laws that limit or abolish its own power.
Continuing Sovereignty: This is based on the historical political agreement among the monarch, Parliament and courts (after the Glorious Revolution of 1688).

Parliament can establish procedures for lawmaking.
This includes specific requirements like majority votes or referendums.
If the manner and form procedures are not followed, courts have the potential to potentially intervene to prevent the passage of a bill. This intervention can also be to stop the Monarch's approval of a Bill or even declare the enactment void.
Courts' intervention in this area is not frequently recognized legally.

Practical Constraints: Parliament's actions are often limited by societal expectations.
Are there other legal constraints on parliamentary power? Traditional view is that there aren't, but challenges exist concerning whether Parliament can enact laws that fundamentally impede democratic principles or infringe on fundamental rights.
TRS Allan: This theorist challenges the historical basis of parliamentary sovereignty, emphasizing that it relies on democratic values.
John Laws: Argues that basic rights are superior to Parliament's lawmaking power and that Parliament cannot legislate in violation of these rights.