Location of sovereignty

Parliament

• Constitutionally sovereign - can make or unmake any law

2 things that limit Plmtary sovereignty

1. 🇪🇺

2. Political realities, e.g. referendums

Executive (PM and Cabinet) — type of sovereignty

• Political sovereignty, in practice

  • Exercises political power via party control and mandate

Devolved bodies — type of sovereignty

• Delegated political sovereignty

  • Authority over devolved areas

  • Powers granted by Westminster

2 factors in devolved body sovereignty

1. Technically reversible

2. Politically entrenched (🏴󠁧󠁢󠁳󠁣󠁴󠁿)

2 examples of devolved bodies having their sovereignty revoked

1. NI 2002-2007

2. Section 35 of 🏴󠁧󠁢󠁳󠁣󠁴󠁿 devolution was revoked in 2022 for the first time to prevent them passing the Gender Recognition Reform Bill

Popular sovereignty

• Referendums and elections reflect will of people

• Recall of MPs act allows constituents to petiton to recall their MP

Extent of popular sovereignty

• Plmt rarely goes against popular mandates

UK Supreme Court — type of sovereignty

• Judicial authority as not sovereign

  • Interpretation of law

  • Checks on Executive/plmtary action

EU (pre-Brexit) — type of sovereignty

• Former external legal sovereignty

  • Had supremacy of UK law in many areas

ECHR — type of sovereignty

• Soft legal constraint

  • Not legally binding

  • Politically hard to ignore

    • Courts can issue incompatibility rulings, with which Gov’t often complies

A.V. Dicey — 3 parts of doctrine of Plmtary Sovereignty

1. Can make laws concerning any matter

2. Cannot bind its successor

3. Acts of Plmt cannot be overturned by any other body

Legal v political soverengity

• De Jure (by law) v De Facto (by fact)

Miller cases and sovereingty

• Supposedly challenged Plmtary sovereignty by suggesting proroguing was wrong

  • BUT this was Johnson’s use of the Royal Prerogative, not voted on in Plmt

• Actually reinforced Plmtary sovereignty by preventing Johnson from restricting Plmtary sovereignty in carrying out its role of scrutiny of Brexit plans

Example of SC’s limit to judicial sovereignty

• Hirst v 🇬🇧 2005

  • SC couldn’t comply Plmt to change the law

2 examples of laws that stemmed from 🇪🇺 pooled sovereignty

1. Working Time Directive that gives min holiday and max working hours/week (48h)

2. Data Protection Act

Pickin v British Railways Board (1974)

• Claimant owned land next to a disused railway line owned by BRB

  • BRB permitted to sell disused land due to Act of Plmt

• Claimant claimed that Act had only been passed due to misleading of Plmt during previous Act

  • Wanted AoP to be quashed

• Appellate Committee (formed SC) ruled that even if AoP had been passed due to fraud or dishonesty the court had no choice but to enforce it