Parliamentary sovereignty

Parliamentary sovereignty. It is a fundamental principle of the Constitution of the United Kingdom, establishing the Parliament of the United Kingdom as the supreme legal authority. This doctrine holds that Parliament can make or unmake any law, and no person or body, including the courts, can override or set aside its legislation. The concept is historically rooted in the political struggles of the 17th century, particularly the Glorious Revolution and the subsequent Bill of Rights 1689.

Definition and origins

The classical definition was formulated by the constitutional theorist A. V. Dicey in his 1885 work, Introduction to the Study of the Law of the Constitution. Dicey argued that no person or body possesses the right to override or set aside the legislation of Parliament, a principle solidified by the historical conflict between the Crown and Parliament. Its origins are traced to the English Civil War and the ultimate supremacy of Parliament established after the Glorious Revolution, which was codified in statutes like the Bill of Rights 1689 and the Act of Settlement 1701. These events decisively shifted ultimate political authority from the monarch to the House of Commons and House of Lords.

Key principles

The doctrine rests on several core tenets: that Parliament can legislate on any subject matter, that no Parliament can bind its successors, and that no other UK institution can question the validity of an Act of Parliament. This means Parliament could, in theory, enact laws that extend the life of its own term, alter the succession to the British throne, or even abolish devolved assemblies like the Scottish Parliament. The courts, following the principle articulated in cases like British Railways Board v Pickin, cannot inquire into the internal procedures of Parliament when examining an enacted statute. This establishes a clear hierarchy where primary legislation stands above all other forms of law, including common law and royal prerogative.

Limitations and challenges

In practice, the absolute nature of the doctrine faces significant political and legal constraints. The UK's membership in the European Union, formalized by the European Communities Act 1972, required UK courts to give precedence to European Union law, a principle confirmed in Factortame Ltd v Secretary of State for Transport. The Human Rights Act 1998 empowers courts to issue declarations of incompatibility between statutes and the European Convention on Human Rights. Furthermore, the establishment of devolution through acts like the Scotland Act 1998 has created political realities that are difficult to reverse. The Constitutional Reform Act 2005 strengthened the Supreme Court of the United Kingdom, and the principle of the rule of law is often seen as a competing fundamental norm.

Comparison with other systems

The UK model contrasts sharply with systems featuring a codified, entrenched constitution and judicial review. In the United States, the Supreme Court of the United States can strike down laws passed by the United States Congress as unconstitutional, as established in Marbury v. Madison. Similarly, the Federal Constitutional Court of Germany can review legislation against the Basic Law for the Federal Republic of Germany. Even within the Commonwealth of Nations, countries like Canada and Australia operate under written constitutions that divide and limit parliamentary power. The European Court of Justice also asserts the supremacy of EU law over national legislation, including that of member states.

Historical and contemporary examples

Historically, Parliament demonstrated its sovereignty through radical constitutional changes, such as the Acts of Union 1707 which created the Kingdom of Great Britain, and the Parliament Act 1911 which curtailed the powers of the House of Lords. The Parliament Act 1949 further streamlined this process. A modern assertion was the European Union (Withdrawal) Act 2018, which repealed the European Communities Act 1972 to effect Brexit. However, contemporary challenges are evident in tensions with the Scottish Parliament, rulings from the European Court of Human Rights, and the political difficulties of overriding international agreements like the Good Friday Agreement. The Miller v Secretary of State for Exiting the European Union case reaffirmed that only Parliament could trigger Article 50 of the Treaty on European Union.

Category:Constitutional law Category:Parliament of the United Kingdom Category:Political concepts