Sovereignty lies in Parliament alone.’ How far do you agree with this view of where
sovereignty lies?
refer to the European Union and devolution • consider this view and the alternative to this
view in a balanced way • draw on relevant knowledge and understanding of study from
Component 1: UK Politics
2019 paper
The Principle of parliamentary sovereignty, which is a fundamental pillar in the Uk
constitution has been under scrutiny in recent years due to increasing fears that
referendums, international treaties and Devolution limit the sovereignty of parliament.While
these factors appear to have limited Parliament’s sovereignty, they have not as Parliament
has chosen to share its sovereignty and these factors are dependent on the permission of
Parliament.
One area that it could be argued that Parliament has shared its sovereignty is Referendums.
Referendums are votes on particular issues, requiring a yes/no answer .Typically,they are
usually based on constitutional issues. Some may argue that referendums challenge
parliamentary sovereignty as they challenge the idea that elected officials make decisions on
behalf of the electorate and that only Parliament has the power to decide on laws.An
example of this is the 2016 European Union referendum as power was directly given to the
people to decide on a major national issue. Many people view direct democracy as a threat
to parliamentary sovereignty as it could push Parliament to enact policies that it would not
normally choose.However this argument has its limits as the results of referendums are not
legally binding demonstrating how referendums do not limit parliamentary sovereignty. In the
EU referendum, it was Parliament who decided to trigger Article 50, which formally started
the process of the Uk leaving the EU.This shows how referendums provide advice and
direction but the actual execution of those decisions still remains in the hands of
Parliament.Additionally, the decision to hold a referendum is made by Parliament,
highlighting how Parliament’s sovereignty is not threatened by the use of referendums as it
is parliament who decides whether a referendum should be held.
The Uk’s membership in multiple international treaties and agreements has led to some
people to argue sovereignty in the UK lies somewhere else. The Uk has been a member of
NATO (North Atlantic Treaty Alliance) since 1949.Some may argue that the Uk being
member of a political and military alliance has limited parliament’s sovereignty as parliament
has to agree with the organisation's rules. For example, if a NATO country is invaded ,
article 5 is triggered and the UK must come to the defence of the invaded country. Another
example of where NATO policy supersedes Parliamentary policy is that NATO members are
encouraged to dedicate 2% of their GDP to defence spending. This could be interpreted to
suggest that sovereignty does not lie in Parliament alone as it limits Parliament’s ability to
allocate resources as it sees fit. However this argument is flawed as the UK’s entry into any
international treaties,including NATO are optional. Also, at any point parliament is free to
leave any treaties showing how sovereignty lies in Parliament alone as it is only Parliament
who makes decisions.This is evident through the ‘Brexit process’ as the Uk was a member of
the European Union but made the decision to leave and has now withdrawn.
sovereignty lies?
refer to the European Union and devolution • consider this view and the alternative to this
view in a balanced way • draw on relevant knowledge and understanding of study from
Component 1: UK Politics
2019 paper
The Principle of parliamentary sovereignty, which is a fundamental pillar in the Uk
constitution has been under scrutiny in recent years due to increasing fears that
referendums, international treaties and Devolution limit the sovereignty of parliament.While
these factors appear to have limited Parliament’s sovereignty, they have not as Parliament
has chosen to share its sovereignty and these factors are dependent on the permission of
Parliament.
One area that it could be argued that Parliament has shared its sovereignty is Referendums.
Referendums are votes on particular issues, requiring a yes/no answer .Typically,they are
usually based on constitutional issues. Some may argue that referendums challenge
parliamentary sovereignty as they challenge the idea that elected officials make decisions on
behalf of the electorate and that only Parliament has the power to decide on laws.An
example of this is the 2016 European Union referendum as power was directly given to the
people to decide on a major national issue. Many people view direct democracy as a threat
to parliamentary sovereignty as it could push Parliament to enact policies that it would not
normally choose.However this argument has its limits as the results of referendums are not
legally binding demonstrating how referendums do not limit parliamentary sovereignty. In the
EU referendum, it was Parliament who decided to trigger Article 50, which formally started
the process of the Uk leaving the EU.This shows how referendums provide advice and
direction but the actual execution of those decisions still remains in the hands of
Parliament.Additionally, the decision to hold a referendum is made by Parliament,
highlighting how Parliament’s sovereignty is not threatened by the use of referendums as it
is parliament who decides whether a referendum should be held.
The Uk’s membership in multiple international treaties and agreements has led to some
people to argue sovereignty in the UK lies somewhere else. The Uk has been a member of
NATO (North Atlantic Treaty Alliance) since 1949.Some may argue that the Uk being
member of a political and military alliance has limited parliament’s sovereignty as parliament
has to agree with the organisation's rules. For example, if a NATO country is invaded ,
article 5 is triggered and the UK must come to the defence of the invaded country. Another
example of where NATO policy supersedes Parliamentary policy is that NATO members are
encouraged to dedicate 2% of their GDP to defence spending. This could be interpreted to
suggest that sovereignty does not lie in Parliament alone as it limits Parliament’s ability to
allocate resources as it sees fit. However this argument is flawed as the UK’s entry into any
international treaties,including NATO are optional. Also, at any point parliament is free to
leave any treaties showing how sovereignty lies in Parliament alone as it is only Parliament
who makes decisions.This is evident through the ‘Brexit process’ as the Uk was a member of
the European Union but made the decision to leave and has now withdrawn.
