Is the sovereignty of the UK Parliament a meaningless concept and should it be abandoned?

Hausarbeit , 2011 , 6 Seiten , Note: 77%

Politik - Region: Westeuropa

This paper considers whether the concept of ‘parliamentary sovereignty’ is a reality in the modern United Kingdom.

To frame the boundaries of this essay, ‘parliamentary’ is taken as referring to action taken by the Westminster-based tripartite authorities of the House of Commons, the House of Lords and the British monarchy.

Since an incontrovertible definition of ‘sovereignty’ is more difficult, I turn to Dicey (1915) who uses two criteria. Firstly, Parliament has ‘the right to make or unmake any law’, and secondly ‘no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament’.

Taking these together, I define ‘parliamentary sovereignty’ as a concept which considers that the Westminster Parliament has complete control over the legal affairs of the UK and that no individual or body can override any Act of Parliament. This also incorporates the Diceyan concept that no Parliament can bind its successor.

In recent decades, the reality of parliamentary sovereignty has been increasingly questioned due to a number of constitutional changes. In particular, this paper considers the impact on parliamentary sovereignty of: (i) membership of the European Union; (ii) the passing of the Human Rights Act; (iii) the changing role of the judiciary; and (iv) devolution.

Inhaltsverzeichnis (Table of Contents)

• Membership of the European Union
• Human Rights Act 1998
• Changing role of the judiciary
• Devolution

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the concept of parliamentary sovereignty in the modern UK and investigates whether it still holds true in light of recent constitutional changes. It analyzes the impact of various factors on parliamentary sovereignty, including membership of the European Union, the Human Rights Act, the changing role of the judiciary, and devolution.

• The impact of the European Union on parliamentary sovereignty
• The role of the Human Rights Act in defining the limits of parliamentary sovereignty
• The changing role of the judiciary and its influence on parliamentary sovereignty
• The implications of devolution for the concept of parliamentary sovereignty
• The potential for a shift from a de jure to a de facto understanding of parliamentary sovereignty

Zusammenfassung der Kapitel (Chapter Summaries)

Membership of the European Union

This section explores the impact of the UK's membership in the European Union (EU) on parliamentary sovereignty. It focuses on the European Communities Act of 1972, which incorporated EU law into UK domestic law, giving precedence to EU law in areas of shared competence. The landmark Factortame case illustrates the supremacy of EU law over UK legislation in matters concerning the single market. The author discusses the potential for the UK to reassert its sovereignty by leaving the EU, but suggests that practical economic constraints make such a scenario unlikely.

Human Rights Act 1998

This section examines the Human Rights Act (HRA) of 1998, which enshrined the European Convention on Human Rights into UK law. The HRA requires UK legislation to be consistent with the Convention, but it does not allow the judiciary to strike down legislation deemed incompatible. Instead, the judiciary can issue a "declaration of incompatibility," leading to the amendment or revision of UK legislation to align with the Convention. The author highlights the government's practice of accommodating the Convention even in cases of disagreement, illustrating the practical influence of the ECHR on UK lawmaking. The potential for the UK to repeal the HRA while remaining a signatory to the Convention is discussed, as is the political cost of such a move.

Changing role of the judiciary

This section analyzes the changing role of the judiciary in the UK, particularly in relation to judicial review and the independence of the judiciary. While judicial review empowers the courts to challenge public bodies, it does not extend to primary legislation, therefore having a limited impact on parliamentary sovereignty. The author discusses the relaxation of the Kilmuir rules and the Constitutional Reform Act of 2005, which enhanced the independence of the judiciary. However, the UK Supreme Court, unlike the US Supreme Court, cannot strike down primary legislation. The section concludes that the judiciary's challenge to parliamentary sovereignty is primarily manifested through the lens of Europe, where EU law and the ECHR take precedence over UK legislation.

Devolution

This section explores the impact of devolution on parliamentary sovereignty. The devolution agreements granted new powers to Scotland, Wales, and Northern Ireland, allowing them to legislate on various domestic issues. The section emphasizes the loss of sovereignty in Northern Ireland due to the 1998 Belfast Agreement, which established the British-Irish Council, requiring the Republic of Ireland's consultation on changes to the province's status. While Westminster retains the legal power to overrule or suspend devolved bodies, the author argues that such actions would be politically challenging and could potentially damage the Union.

Schlüsselwörter (Keywords)

This paper focuses on key concepts such as parliamentary sovereignty, constitutional change, European Union, Human Rights Act, judicial review, devolution, and the relationship between de jure and de facto power dynamics in the UK. The analysis explores the implications of these factors for the traditional concept of parliamentary sovereignty and the potential for its evolution in the modern UK.

• Hochschule: Birkbeck, University of London (University of London)
• Veranstaltung: Contemporary British Politics
• Note: 77%
• Autor: Roy Whymark (Autor:in)
• Erscheinungsjahr: 2011
• Seiten: 6
• Katalognummer: V207479
• ISBN (eBook): 9783656348078
• Sprache: Englisch
• Schlagworte: parliament