Evaluate The View That Parliament Is No Longer Sovereign In The UK. (30)

AGREE 1

Judges can’t strike laws down using the HRA. They can only declare them incompatible and advise parliament to change the law.

Suella Braverman introduce the Illegal Migration Bill with a section 19 note stating the there was a likelihood that the provisions of the bill would be incompatible with HRA and ECHR, but govt still proceeded.

Withdrawal from EU significant increased parliamentary sovereignty as parliament regained ability to legislate on areas of policy previously controlled by EU

DISAGREE 1

Government can usually dominate parliament

Tony Blair lost just 4 votes across his 10 years of Prime Minister.

AGREE 2

 

Devolved bodies have significant powers to make laws on a range of policy areas including over certain areas of taxation therefore have sig amnt of sovereignty

Scottish Parliament controls key public services including health and social policy, Key welfare benefits and education.

DISAGREE 2.1

Parliament could take these powers back if they wish. Parliament has reasserted sovereignty in relation to the devolved bodies.

Supreme court ruled in 2022 that the consent of the UK parliament is necessary to legislate for a second independence referendum in Scotland

2023 Sunak used a section 35 order to block Scotland’s proposed gender reform bill which would’ve introduced self-identification for those who wanted to change gender and allowed 16- and 17-year-olds to do.

DISAGREE 2.2

Parliament still retains control over reserved powers

Power over foreign policy e.g withdrew from the EU despite Scotland and Northern Ireland voting against it in the referendum.

AGREE 3

There have been several referendums on key constitutional issues. Therefore, can be argued that the people have legal sovereignty over key constitutional changes.

Scottish independence referendum
Brexit Referendum

AV referendum

Devolution

DISAGREE 3

Referendums are only advisory; Parliament could decide not to implement a referendum result or try to call another referendum to get a different result

Article 50 court case, the SC ruled that the UK parliament had to have a vote before Article 50 could be triggered.