parliamentary sovereignty

Parliamentary Sovereignty

The principle that Parliament is the supreme legal authority and can make or unmake any law.

A V Dicey

Classical theorist who defined parliamentary sovereignty with three core principles.

Dicey’s First Principle

Parliament can make or unmake any law.

Dicey’s Second Principle

No Parliament can bind its successors.

Dicey’s Third Principle

No person or body can override or set aside an Act of Parliament.

Legal Sovereignty

The ultimate law-making power recognised by the courts.

Political Sovereignty

The body whose will is ultimately obeyed in practice (e.g. the electorate).

Doctrine of Implied Repeal

Later statutes override earlier inconsistent statutes.

Ellen Street Estates v Minister of Health

Confirmed that Parliament cannot bind its successors.

Express Repeal

When Parliament explicitly repeals an earlier statute.

Thoburn v Sunderland City Council

Established the concept of constitutional statutes not subject to implied repeal.

Constitutional Statutes

Laws of fundamental constitutional importance that require express repeal.

Examples of Constitutional Statutes

Human Rights Act 1998; European Communities Act 1972; Scotland Act 1998.

Jackson v Attorney General

Suggested that parliamentary sovereignty may not be absolute.

Rule of Law

A principle that all individuals and authorities are subject to and accountable to law.

Limits from Rule of Law

Courts may resist extreme abuses of parliamentary power.

European Communities Act 1972

Enabled EU law to take effect in the UK and take priority over domestic law.

Factortame Ltd v Secretary of State for Transport

Confirmed that EU law could override UK legislation.

Brexit and Sovereignty

Repeal of the ECA 1972 restored full legal sovereignty to Parliament.

Human Rights Act 1998

Incorporates the European Convention on Human Rights into UK law.

Section 3 HRA

Courts must interpret legislation compatibly with Convention rights where possible.

Section 4 HRA

Courts can issue a declaration of incompatibility but cannot strike down legislation.

Devolution

Transfer of powers to Scotland, Wales, and Northern Ireland.

Scotland Act 1998

Created the Scottish Parliament with devolved powers.

Sewel Convention

UK Parliament will not normally legislate on devolved matters without consent.

Miller v Secretary of State for Exiting the EU

Confirmed that conventions are not legally enforceable.

Entrenchment

The idea that certain laws cannot be repealed or changed easily.

Manner and Form Theory

Suggests Parliament can bind successors as to the procedure of law-making.

Criticism of Parliamentary Sovereignty

Seen as outdated due to EU law, HRA, and devolution.

Continuing Sovereignty

The orthodox view that Parliament remains legally supreme despite modern developments.

Common Law Constitutionalism

View that courts and common law can limit Parliament.

Lord Steyn

Judge who suggested limits on parliamentary sovereignty in extreme cases.

Practical Limits

Political realities, public opinion, and international obligations constrain Parliament.