Evaluate how far Parliament retains sole
sovereignty within the UK political
system.
Main Argument - Parliament retains sole sovereignty in theory - there is no institution of
higher authority. But in reality, this sovereignty is limited by the popular sovereignty and rule
of law.
Point 1 - supremacy over the supreme court
Point 1 CA - HRA 1998 now ensures civil liberties are protected hence it limits the
parliamentary sovereignty, e.g. 2018 a couple from London launched a legal bid to be
granted a civil partnership à the SC ruled that 2004 Civil Partnership Act was incompatible
with HRA, and the parliament changed the law, making civil partnership available to all
couples
Point 1 Argument - However, on the matters that are valence issues, hence parliament. à
2010 Ahmed v. HM Treasury freezing assets, ruled incompatible yet the parliament passed
law which sustained the possibility to freeze assets of terrorist suspects
Point 2 - supremacy over the devolved assemblies
Point 2 CA - devolution decreased parliamentary sovereignty e.g. 2004 Scotland was the first
country in the UK to ban smoking in public places, hence decisions which would be
previously taken by the Parliament were now made by another legislative body.
Point 2 argument - Westminster can at any point legislate on behalf, can take devolution
away à Norther Ireland Executive Formation Act 2019 passed by Westminster legislated on
behalf of NI
Point 3 - Supremacy over the ECHR rulings
Point 3 CA - being a member of international institutions limits the parliamentary sovereignty;
ratification of the ECHR restricted parliament's ability to legislate on any issue, since the laws
can now be reviewed by the European Court of Human Rights.
Point 3 argument - HOWEVER, the rulings are only advisory, so the parliament can ignore
them. IPP sentences and blanket ban on prisoner voting
sovereignty within the UK political
system.
Main Argument - Parliament retains sole sovereignty in theory - there is no institution of
higher authority. But in reality, this sovereignty is limited by the popular sovereignty and rule
of law.
Point 1 - supremacy over the supreme court
Point 1 CA - HRA 1998 now ensures civil liberties are protected hence it limits the
parliamentary sovereignty, e.g. 2018 a couple from London launched a legal bid to be
granted a civil partnership à the SC ruled that 2004 Civil Partnership Act was incompatible
with HRA, and the parliament changed the law, making civil partnership available to all
couples
Point 1 Argument - However, on the matters that are valence issues, hence parliament. à
2010 Ahmed v. HM Treasury freezing assets, ruled incompatible yet the parliament passed
law which sustained the possibility to freeze assets of terrorist suspects
Point 2 - supremacy over the devolved assemblies
Point 2 CA - devolution decreased parliamentary sovereignty e.g. 2004 Scotland was the first
country in the UK to ban smoking in public places, hence decisions which would be
previously taken by the Parliament were now made by another legislative body.
Point 2 argument - Westminster can at any point legislate on behalf, can take devolution
away à Norther Ireland Executive Formation Act 2019 passed by Westminster legislated on
behalf of NI
Point 3 - Supremacy over the ECHR rulings
Point 3 CA - being a member of international institutions limits the parliamentary sovereignty;
ratification of the ECHR restricted parliament's ability to legislate on any issue, since the laws
can now be reviewed by the European Court of Human Rights.
Point 3 argument - HOWEVER, the rulings are only advisory, so the parliament can ignore
them. IPP sentences and blanket ban on prisoner voting
