Parliamentary Sovereignty 1

Parliamentary sovereignty

The constitutional principle that Parliament has the supreme legal authority to make or unmake any law and no body may override or set aside its legislation.

Historical origin of parliamentary sovereignty

Developed as power shifted from the Crown to Parliament after constitutional struggles such as the Glorious Revolution.

Dicey’s theory of parliamentary sovereignty

Parliament can make or unmake any law and no person or body can override or question an Act of Parliament.

Rule 1 of Dicey

Parliament may legislate on any subject without substantive legal limits.

Geographical reach of Parliament

Parliament may legislate for territories outside the UK even if it conflicts with international law.

Retrospective legislation

Parliament can pass laws that apply to events that occurred before the law was enacted.

Rule 2 of Dicey

No Parliament can bind its successors and no Parliament can be bound by its predecessors.

Entrenchment

Attempt to make laws harder to repeal or amend through special procedures.

Express repeal

A later statute explicitly states that an earlier statute is repealed.

Implied repeal

A later statute overrides an earlier statute where the two are inconsistent.

Vauxhall Estates v Liverpool Corporation

Confirmed that Parliament cannot bind its successors and later statutes prevail over earlier ones.

Ellen Street Estates v Minister of Health

Reinforced that no Parliament can restrict the legislative power of future Parliaments.

Rule 3 of Dicey

No court or body may question the validity of an Act of Parliament.

Enrolled Bill Rule

Once a Bill has been properly enacted and received royal assent, courts cannot question how it was passed.

Flexibility of the UK constitution

Because there is no entrenched constitution, constitutional rules can be changed by ordinary Acts of Parliament.

Legal limits on parliamentary sovereignty

In theory none exist because Parliament’s legislative authority is legally unlimited.

Political limits on parliamentary sovereignty

Public opinion, international obligations, and political realities may constrain Parliament in practice.

Procedural entrenchment (manner and form)

Laws that require special procedures before they can be changed.

Trethowan case

Confirmed that subordinate legislatures can be bound by manner and form requirements such as referendum conditions.

Subordinate legislature limitation

Bodies like devolved legislatures can be bound by procedural restrictions imposed by superior legislatures.

UK Parliament procedural freedom

Unlike subordinate legislatures, Parliament cannot legally bind itself through procedural rules.

Ex parte Simms principle

Fundamental rights cannot be overridden by general words in a statute and require clear parliamentary intention.

Principle of legality

Courts presume Parliament does not intend to interfere with fundamental rights unless clearly stated.

Jackson v Attorney General

House of Lords confirmed validity of the Hunting Act 2004 and questioned the absolute nature of parliamentary sovereignty.

Jackson obiter (Lord Hope)

Parliamentary sovereignty is no longer absolute in modern constitutional arrangements.

Jackson obiter (Lord Steyn)

Suggested courts may reject extreme or oppressive legislation in exceptional circumstances.

Dualist legal system

International treaties do not become part of domestic law unless incorporated by Parliament