Formative Coursework Question: Public Law 1 2020
This essay will discuss how parliamentary sovereignty contrasts with the theory of separation
of powers; and will also analyse the principles of parliamentary sovereignty within the UK
constitution and how it takes effect in the separation of powers.
The Glorious Revolution has a vital relation to establishing Parliamentary Supremacy, it
relates to the historical development of parliamentary supremacy, it happened to settle the
issues that were occurring between the crown and the parliament, in effect what happened
was that the crown ended up having no authority to exercise authority without the consent of
the parliament – this is noted in article 9 of the Bill of Rights. The purpose of Article 9 of the Bill
of Rights That the Freedom of Speech and Debates or Proceedings in Parliament ought not to
be impeached or questioned in any Court or Place out of Parliament 1 The Bill of Rights did not
have a statement that stated that the parliament is supreme. The revolution is more a case of
parliament becoming superior to the crown and statutes superior to the prerogative, so by
default parliament becomes supreme. And since Article 9 of the Bill of Rights lays down
parliamentary privilege. This supports the negative aspect of parliamentary sovereignty.
1
Group CL and others, “Anne Twomey: Article 9 of the Bill of Rights 1688 and Its Application to
Prorogation” (UK Constitutional Law AssociationOctober 4, 2019)
<https://ukconstitutionallaw.org/2019/10/04/anne-twomey-article-9-of-the-bill-of-rights-1688-
and-its-application-to-prorogation/> accessed November 4, 2020
, The orthodox principle of Parliamentary Sovereignty is derived from the enactment of the Bill
of Rights 1688, In which it was expressed that the monarch would no longer have the ability to
prorogue or create new laws without the permission of Parliament 2.
The doctrine of parliamentary sovereignty is one of the most important constitutional doctrines
of public law in the United Kingdom. To understand the doctrine of sovereignty it is important
to give regard to Dicey.
According to Dicey, He defined parliamentary sovereignty as,
“Parliament has the right to make or unmake any law whatever; and further, that no person or
body is recognised by the law of England as having a right to override or set aside the legislation
of Parliament, and further that this right or power of parliament extends to every part of the
Kings dominion” 3.
Diceys definition contrasts greatly with the principle of separation of powers; the separation of
powers theory was brought about to preserve the “liberty” of each branch and the people
according to Montesquieu4. According to Barendt the separation of powers is the essence of
constitutionalism5. Parliamentary sovereignty goes against this completely by supporting the
idea that parliament (legislative) is superior to all other branches of government
2
Stanton, J., & Prescott, C. (2020). Public law (2nd ed.). OUP Oxford.
3
A.V Dicey, Introduction to the study of the Law of the Constitution, Liberty Classics 1915.
4
Charles de Montesquieu, The Spirit Of The Laws (Neeland Media LLC 1748).
5
Barendt E, “Is There a United Kingdom Constitution?” (1997) 17 Oxford Journal of Legal
Studies 137
This essay will discuss how parliamentary sovereignty contrasts with the theory of separation
of powers; and will also analyse the principles of parliamentary sovereignty within the UK
constitution and how it takes effect in the separation of powers.
The Glorious Revolution has a vital relation to establishing Parliamentary Supremacy, it
relates to the historical development of parliamentary supremacy, it happened to settle the
issues that were occurring between the crown and the parliament, in effect what happened
was that the crown ended up having no authority to exercise authority without the consent of
the parliament – this is noted in article 9 of the Bill of Rights. The purpose of Article 9 of the Bill
of Rights That the Freedom of Speech and Debates or Proceedings in Parliament ought not to
be impeached or questioned in any Court or Place out of Parliament 1 The Bill of Rights did not
have a statement that stated that the parliament is supreme. The revolution is more a case of
parliament becoming superior to the crown and statutes superior to the prerogative, so by
default parliament becomes supreme. And since Article 9 of the Bill of Rights lays down
parliamentary privilege. This supports the negative aspect of parliamentary sovereignty.
1
Group CL and others, “Anne Twomey: Article 9 of the Bill of Rights 1688 and Its Application to
Prorogation” (UK Constitutional Law AssociationOctober 4, 2019)
<https://ukconstitutionallaw.org/2019/10/04/anne-twomey-article-9-of-the-bill-of-rights-1688-
and-its-application-to-prorogation/> accessed November 4, 2020
, The orthodox principle of Parliamentary Sovereignty is derived from the enactment of the Bill
of Rights 1688, In which it was expressed that the monarch would no longer have the ability to
prorogue or create new laws without the permission of Parliament 2.
The doctrine of parliamentary sovereignty is one of the most important constitutional doctrines
of public law in the United Kingdom. To understand the doctrine of sovereignty it is important
to give regard to Dicey.
According to Dicey, He defined parliamentary sovereignty as,
“Parliament has the right to make or unmake any law whatever; and further, that no person or
body is recognised by the law of England as having a right to override or set aside the legislation
of Parliament, and further that this right or power of parliament extends to every part of the
Kings dominion” 3.
Diceys definition contrasts greatly with the principle of separation of powers; the separation of
powers theory was brought about to preserve the “liberty” of each branch and the people
according to Montesquieu4. According to Barendt the separation of powers is the essence of
constitutionalism5. Parliamentary sovereignty goes against this completely by supporting the
idea that parliament (legislative) is superior to all other branches of government
2
Stanton, J., & Prescott, C. (2020). Public law (2nd ed.). OUP Oxford.
3
A.V Dicey, Introduction to the study of the Law of the Constitution, Liberty Classics 1915.
4
Charles de Montesquieu, The Spirit Of The Laws (Neeland Media LLC 1748).
5
Barendt E, “Is There a United Kingdom Constitution?” (1997) 17 Oxford Journal of Legal
Studies 137
