Evaluate how Parliament retains sole
sovereignty in the UK
Introduction - correct answer-.Concept of Parliamentary sovereignty
.UK a unitary system with devolved powers
.no body with power over Parliament
.statutes have placed practical limits over Parliament; HRA, devolution and a wider use of
referendums
.uncodified constitution
Human Rights Act 1998: (against) - correct answer-.gave judges power to issue
incompatibility rulings
-Belmarsh Case 2004
-police keeping DNA on file
.other institutions(like judiciary) can exercise power over Parliament
Human Rights Act 1998 (for) - correct answer-.incompatibility statements not legally binding
and Parliament isn't obligated to fall into lines of court ruling
- Parliament has final say in determining law regarding HR
.power of derogation
- Blair's government on passing prevention of terrorism acts 2005
Devolution (for) - correct answer-.Parliament can simply revoke devolution acts or suspend
devolved govt
- Northern Ireland
.Parliament only surrendered second-rate powers like housing and health and retains power
over defence and foreign policy.
Devolution (against) - correct answer-.eroded by creation of devolved bodies
- Scotland and Wales have tax raising powers
- Scotland Act 2016, Wales Act 2017
- Scottish Parliament abolished by referendum held in Scotland
.an attempt to exercise power over devolved bodies would cause huge political controversy.
Referendums (for) - correct answer-.only granted via an Act of Parliament
.result not legally binding only advisory
-many Tory MPs voted against creation of devolved govts, after refs had been held and in
their 2005 manifesto the Tories pledged a new vote for the people on the Welsh Assembly.
Referendums (against) - correct answer-.politically unrealistic for Parliament to ignore ref w/
clear result and reasonably turnout
-2016: majority of HoL and HoC backed remain h/w Eu Withdrawal Act passed in 2018.
.increased use shows shift from representative democracy where Parliament is sovereign to
direct democracy where the people are.
sovereignty in the UK
Introduction - correct answer-.Concept of Parliamentary sovereignty
.UK a unitary system with devolved powers
.no body with power over Parliament
.statutes have placed practical limits over Parliament; HRA, devolution and a wider use of
referendums
.uncodified constitution
Human Rights Act 1998: (against) - correct answer-.gave judges power to issue
incompatibility rulings
-Belmarsh Case 2004
-police keeping DNA on file
.other institutions(like judiciary) can exercise power over Parliament
Human Rights Act 1998 (for) - correct answer-.incompatibility statements not legally binding
and Parliament isn't obligated to fall into lines of court ruling
- Parliament has final say in determining law regarding HR
.power of derogation
- Blair's government on passing prevention of terrorism acts 2005
Devolution (for) - correct answer-.Parliament can simply revoke devolution acts or suspend
devolved govt
- Northern Ireland
.Parliament only surrendered second-rate powers like housing and health and retains power
over defence and foreign policy.
Devolution (against) - correct answer-.eroded by creation of devolved bodies
- Scotland and Wales have tax raising powers
- Scotland Act 2016, Wales Act 2017
- Scottish Parliament abolished by referendum held in Scotland
.an attempt to exercise power over devolved bodies would cause huge political controversy.
Referendums (for) - correct answer-.only granted via an Act of Parliament
.result not legally binding only advisory
-many Tory MPs voted against creation of devolved govts, after refs had been held and in
their 2005 manifesto the Tories pledged a new vote for the people on the Welsh Assembly.
Referendums (against) - correct answer-.politically unrealistic for Parliament to ignore ref w/
clear result and reasonably turnout
-2016: majority of HoL and HoC backed remain h/w Eu Withdrawal Act passed in 2018.
.increased use shows shift from representative democracy where Parliament is sovereign to
direct democracy where the people are.
