Parliamentary Supremacy and Separation of Powers

What is the theory of the separation of powers?

Baron De Montesquieu’s theory of the separation of powers provides a model for the governance of a state in a democratic way, where power and responsibility are divided into three groups: Executive, Legislative, and Judicial.

Who holds Executive power in the UK and what are their responsibilities?

Executive power is held by the Prime Minister, Cabinet, Government Departments, and Civil Service, and they are responsible for deciding how the country is run, managing day-to-day affairs, setting taxes, deciding public spending, and delivering public services.

Who holds Legislative power in the UK and what is their role?

Legislative power is held by Parliament, which includes the House of Commons, House of Lords, and the Monarch, and their role is to make laws.

Who holds Judicial power in the UK and what is their role?

Judicial power is held by judges, whose role is to apply and interpret the law made by Parliament.

What is parliamentary supremacy according to Dicey?

According to A. V. Dicey in the 19th Century, parliamentary supremacy means Parliament can legislate on any subject, there are no limits on what it can legislate about, and no Parliament can bind a future Parliament or be bound by a previous one.

Can Parliament change its own powers?

Yes, Parliament can change its own powers, as it did with the Parliament Acts 1911 and 1949, which limited the House of Lords’ ability to block Bills passed by the Commons.

What is an example of Parliament making a law that affected the monarchy?

Parliament passed the Act of Settlement 1700 to change the line of succession, preventing the children of King James II from succeeding to the throne, and later the Succession to the Crown Act 2013 changed the rule of male primogeniture.

Are there laws that cannot realistically be repealed?

Some laws, like the Act of Settlement 1700 or the Statute of Westminster 1931, have become so entrenched or practical that repealing them is effectively impossible.

Can any body override an Act of Parliament?

No other body can override or set aside an Act of Parliament, even if the Act was made based on incorrect information, as confirmed in British Railways Board v Pickin.

What happened in R (Miller) v Secretary of State for Exiting the European Union 2016?

The Supreme Court held that the government could not trigger Article 50 to leave the EU without Parliament passing an Act to give authority, showing Parliament’s law-making power cannot be bypassed by the executive.

What is a limitation on parliamentary supremacy imposed by the Human Rights Act 1998?

The Human Rights Act 1998 allows courts to declare Acts of Parliament incompatible with the European Convention on Human Rights, although Parliament is not obliged to change the law.

Give an example of a law declared incompatible with human rights.

In H v Mental Health Review Tribunal 2001, the court declared that the Mental Health Act 1983, which placed the burden of proof on patients to justify release, was incompatible with human rights, leading the government to change the law.

How does devolution limit parliamentary supremacy?

Devolution through the Scotland Act 1998 and Wales Act 1998 grants certain law-making powers to the Scottish and Welsh Parliaments, meaning Parliament cannot legislate on those matters without devolved consent.

How did EU membership affect parliamentary supremacy?

While Britain was a member of the EU, EU law took priority over British law, limiting Parliament’s supremacy, as shown in the Merchant Shipping Act 1998 case where EU law overrode a British law.

What is the role of the executive in parliamentary supremacy cases?

The executive cannot act contrary to Acts of Parliament; for example, in Miller 2016, the government needed Parliament’s authority to trigger Brexit, demonstrating the executive is bound by Parliament’s law-making power.