The location of sovereignty in the UK political system

What does political sovereignty mean?

Sovereignty exercised by the public- the ultimate form of authority sine the legislatures authority derives from the public

What does legal sovereignty mean?

The right of parliament to enact whatever legislation it chooses

When does popular sovereignty occur?

When the public expresses its sovereign will through direct democracy

What provides a good example of the sovereign will of the people conflicting with that of parliament ?

2016 EU referendum

What does AV.Dicey say parliament possesses the legal sovereignty to do?

Enact any law without this being overruled by any other body

Who is parliament accountable to?

The people

How is the UK viewed traditionally?

As a unitary state

Why is the UK traditionally considered a unitary state ?

Sovereign authority is located in one place- westminister

What is the impact of not having a codified constitution on parliaments sovereignty ?

There is no law higher than a parliamentary statute

What can British judges not do unlike in the US?

Strike down an act of parliament

What do Referendums demonstrate?

A transfer of authority from representatives in parliament to the people

What can parliament do after a referendum but most likely wont?

Ignore the result

what percentage of MPs opposed leaving the EU?

73%

What happens when a government has a large parliamentary majority?

There will be a few legislative constraints on its authority

What has allowed for decentralisation of power to a degree?

Devolution

In theory why did Westminster not lose any of its sovereign power?

Parliament can legally reclaim those powers

What is an example of parliament reclaiming devolved powers given to an assembly?

2002-2007 in Northern Ireland

What can both the Scottish and Welsh governments claim however?

Popular legitimacy

What did the Scotland Act 2017 and the Wales Act 2017 recognise?

The permanence of these governments as they can now only be abolished as a result of a referendum

What do some political commentators suggest the UK is evolving into?

A quasi-federal state

Who is royal prerogative exercised by?

The prime minister

What does the PM having prerogative power mean for the sovereignty of parliament?

some areas of parliament are not sovereign - eg powers of patronage

In what ways can parliament be seen to challenge royal prerogative ?

* Debating over military action in Iraq 2003- Parliament now expects to be consulted over military action
* Fixed term parliaments act 2011 (now repealed)
* Gina Miller Ruling 2017

What convention has developed since 2003?

Whereby the commons should be consulted over the use of military force- not set out by law

Who in 2018 joined American led air strikes on Syria without consulting parliament?

Theresa May

What does this demonstrate?

Without a codified constitution the location of sovereign authority is difficult to determine

What did the UK have to accept when European law was established ?

Primacy of European law over domestic law (factortame case)

In cases involving protection of civil liberties what do British courts refer to?

The 1998 HRA-

What is the HRA no different from?

another act of parliament- parts of it can be suspended/repealed

What article of HRA was suspended after 9/11 and what did this allow?

Article 5- allowed terrorist suspects to be held indefinitely without trial

Can an act of parliament become law even if it is in defiance with the HRA and what may happen?

Yes- declaration of incompatibility but the courts cannot strike down the legislation

How can globalisation be argued to have restricted UK sovereignty ?

Membership in international organisations such as the world trade organisation means that the UK is expected to obey their trading rules and is committed to the principle off Article 5 of NATO’s constitution that an attack on one member states is an attack on all member states