L3 Parliamentary Sovereignty

What historical event is commonly linked to the start of parliamentary sovereignty in the UK?

The Glorious Revolution of 1688, followed by the Bill of Rights 1689, is commonly linked to the emergence of parliamentary sovereignty.

What did Article 9 of the Bill of Rights 1689 protect?

Article 9 protected freedom of speech and debates or proceedings in Parliament, stating they should not be impeached or questioned in any court or place outside Parliament.

What was the significance of Dr Bonham’s Case (1610) for early ideas about Parliament’s power?

Coke CJ suggested that if an Act of Parliament was against common right and reason, or impossible to perform, the common law could control it and treat it as void.

What is A V Dicey’s classic definition of parliamentary sovereignty?

Parliament has the right to make or unmake any law whatsoever, and no person or body is recognised as having the right to override or set aside legislation made by Parliament.

What are Dicey’s three main principles of parliamentary sovereignty?

1) Parliament can make or unmake any law it wants. 2) No body or person can question the validity of an Act of Parliament. 3) No Parliament can bind its successors or be bound by its predecessors.

According to Lord Reid in Madzimbamuto v Lardner-Burke, what is the difference between “unconstitutional” and “beyond Parliament’s power”?

Something may be politically or morally unconstitutional, but that does not mean Parliament lacks legal power to do it; if Parliament legislates, the courts cannot declare the Act invalid.

What is the “enrolled Bill rule”?

If a Bill appears on the parliamentary roll as passed by both Houses and receiving Royal Assent, courts will not inquire into how it was introduced or what happened during its passage.

What does the principle that “no body or person can question the validity of an Act of Parliament” mean in practice?

Courts must obey and apply Acts of Parliament; they may interpret them, but they cannot treat a genuine Act of Parliament as ultra vires or invalid.

What is implied repeal?

If a later Act of Parliament conflicts with an earlier one on the same subject, the later Act can be treated as repealing the earlier one to the extent of the inconsistency.

What does it mean that no Parliament can bind its successors?

Each Parliament remains legally free to change or repeal the laws made by previous Parliaments, preserving continuing sovereignty.

What is “entrenchment” in the context of parliamentary sovereignty?

Entrenchment means trying to make a law harder to change, for example by requiring a special majority or a referendum.

What did Jackson v Attorney General suggest about parliamentary sovereignty?

It suggested parliamentary sovereignty may not be completely absolute, and that legal ideas such as manner and form and the rule of law may qualify it.

What is a “constitutional statute” according to Laws LJ in Thoburn v Sunderland City Council?

A constitutional statute is one that either conditions the legal relationship between citizen and state in a general, overarching way, or enlarges/diminishes fundamental constitutional rights.

How did EU membership challenge traditional parliamentary sovereignty?

Under the European Communities Act 1972, UK courts had to apply EU law, and conflicting Acts of Parliament could be disapplied, limiting Parliament’s absolute authority.

What is the modern significance of parliamentary sovereignty?

Parliamentary sovereignty remains a core constitutional concept, but in practice it faces legal and political restrictions, including constitutional statutes, EU-related issues, and the rule of law.