parliamentary sovereignty

what is sovereignty?

principle of absolute and unlimited power

what were Dicey’s 3 elements of parliamentary sovereignty?

parliament is sovereign and can make/unmake any laws (highest source of english law)
no parliament can bind another and an act passed by a previous parliament can be repealed
no act can be challenged by a court (only challenge action of ministers through judicial review)

what are the limits of parliamentary sovereignty?

HRA 1998 - gives effect to ECHR into UK law
devolution - parliament is no longer sovereign over domestic affairs in scotland, wales and northern ireland
membership of the EU in 1973 - EU law overrode any UK law made before/after UK joined EU

summarise the R(Miller) v PM case

supreme court was asked to review boris johnson’s suspension of parliament for 5 weeks - alleged abuse of power
supreme court reached a unanimous decision that the PM’s actions were unlawful