Content
Introduction 1-3
Scotland 4
Devolution 4-5
Before Devolution 6-7
Devolution For Scotland 7-8
Devolution For Wales 8-9
Devolution For Northern Ireland 9
Has Devolution Changed The United Kingdom’s Style Of Government? 10-11
Has Devolution Affected Parliamentary Sovereignty? 11
Why Is Parliament Sovereign? 11-12
Why Is Parliament Not Sovereign? 13
Conclusion 14
,Introduction
Parliamentary sovereignty is a basic principle of the United Kingdom constitution. This
makes up Parliament the supreme legal authority in the United Kingdom, whereas it creates
or sum up any law. Basically, the courts are unable to veto its legislation and no Parliament is
allowed to pass laws that forthcoming Parliaments cannot change. Parliament sovereignty is
the based of the United Kingdom constitution.1
Parliament sovereignty meaning where a legislative body is ultimate to all other government
bodies included executive or judicial bodies. The question in hand is whether the position of
United Kingdom has changed before and after the devolution came into effect.
The doctrine of parliamentary sovereignty is concerning the bond between the Parliament and
the courts. It is stated that United Kingdom is known to have parliamentary sovereignty, but
to what extent? Dicey’s Rule of Law had put frontward that parliament is supreme, meaning
that Parliament has the right to make or unmake any law and furthermore no person is
acknowledged by the law of England as having the right to overrule the legislation laid down
by the Parliament.2
Basically any constitution whether its written or unwritten, there must be a source of
fundamental authority which is one absolute power overrule all other power in the state.
Under a written constitution the uppermost source of power is the Constitution as interpreted
by the Supreme Court. Whereas the British Constitution, theoretically but not in practice, the
highest source of authority is the United Kingdom Parliament and Acts of Parliament.3
1
http://www.parliament.uk/about/how/sovereignty/ accessed on 24 th December 2012
2
http://www.lawteacher.net/constitutional-law/essays/parliament-supremacy.php
accessed on 24th December 2012
3
Hilare Barnett, Constitution and Administrative Law, 7th edn (133)
2
, Meanwhile during 1998 the statutory structure of the United Kingdom has experienced
histrionic deviations which undergoes the development of devolution where some of the
powers originally from the United Kingdom. The new legislative bodies are then transferred
to Scotland, Northern Island and Wales by Parliament. These bodies are trustworthy for
propagating delegated legislation in an extensive diversity of areas.4
Under the Scotland Act 1998, the Scottish Parliament has been since July 1999, had the
supremacy to legislate on the matters delegated to Scotland, but the Westminster Parliament
retains power to legislate for Scotland.5 The United Kingdom constitution was conventionally
termed as unitary as opposed to federal. The United Kingdom is a union of England, Wales,
Scotland and Northern Ireland.6
The development of unwritten rules is often an evolutionary process that occurs before clear
rules of conduct emerge.7
4
http://www.llrx.com/features/devolution.htm accessed on 24th December 2012
5
An Bradley, Constitutional and Administrative Law, 14th edn (24)
6
The status of the Isle of Man and the Channel Islands is discussed in Chap. 35
7
An Bradley, Constitutional and Administrative Law, 14th edn (24)
3
Introduction 1-3
Scotland 4
Devolution 4-5
Before Devolution 6-7
Devolution For Scotland 7-8
Devolution For Wales 8-9
Devolution For Northern Ireland 9
Has Devolution Changed The United Kingdom’s Style Of Government? 10-11
Has Devolution Affected Parliamentary Sovereignty? 11
Why Is Parliament Sovereign? 11-12
Why Is Parliament Not Sovereign? 13
Conclusion 14
,Introduction
Parliamentary sovereignty is a basic principle of the United Kingdom constitution. This
makes up Parliament the supreme legal authority in the United Kingdom, whereas it creates
or sum up any law. Basically, the courts are unable to veto its legislation and no Parliament is
allowed to pass laws that forthcoming Parliaments cannot change. Parliament sovereignty is
the based of the United Kingdom constitution.1
Parliament sovereignty meaning where a legislative body is ultimate to all other government
bodies included executive or judicial bodies. The question in hand is whether the position of
United Kingdom has changed before and after the devolution came into effect.
The doctrine of parliamentary sovereignty is concerning the bond between the Parliament and
the courts. It is stated that United Kingdom is known to have parliamentary sovereignty, but
to what extent? Dicey’s Rule of Law had put frontward that parliament is supreme, meaning
that Parliament has the right to make or unmake any law and furthermore no person is
acknowledged by the law of England as having the right to overrule the legislation laid down
by the Parliament.2
Basically any constitution whether its written or unwritten, there must be a source of
fundamental authority which is one absolute power overrule all other power in the state.
Under a written constitution the uppermost source of power is the Constitution as interpreted
by the Supreme Court. Whereas the British Constitution, theoretically but not in practice, the
highest source of authority is the United Kingdom Parliament and Acts of Parliament.3
1
http://www.parliament.uk/about/how/sovereignty/ accessed on 24 th December 2012
2
http://www.lawteacher.net/constitutional-law/essays/parliament-supremacy.php
accessed on 24th December 2012
3
Hilare Barnett, Constitution and Administrative Law, 7th edn (133)
2
, Meanwhile during 1998 the statutory structure of the United Kingdom has experienced
histrionic deviations which undergoes the development of devolution where some of the
powers originally from the United Kingdom. The new legislative bodies are then transferred
to Scotland, Northern Island and Wales by Parliament. These bodies are trustworthy for
propagating delegated legislation in an extensive diversity of areas.4
Under the Scotland Act 1998, the Scottish Parliament has been since July 1999, had the
supremacy to legislate on the matters delegated to Scotland, but the Westminster Parliament
retains power to legislate for Scotland.5 The United Kingdom constitution was conventionally
termed as unitary as opposed to federal. The United Kingdom is a union of England, Wales,
Scotland and Northern Ireland.6
The development of unwritten rules is often an evolutionary process that occurs before clear
rules of conduct emerge.7
4
http://www.llrx.com/features/devolution.htm accessed on 24th December 2012
5
An Bradley, Constitutional and Administrative Law, 14th edn (24)
6
The status of the Isle of Man and the Channel Islands is discussed in Chap. 35
7
An Bradley, Constitutional and Administrative Law, 14th edn (24)
3
