parliamentary sovereignty, the rule of law, & seperation of powers

What does sovereignty mean

The principle of absolute & unlimited power

Parliament is the supreme law making body

What can an act of parliament override

Any custom

Judicial precedent

Delegated legislation

Previous acts

What are the 3 main points of Dicey’s parliamentary sovereignty theory

Parliament can legislate on any subject matter

No parliament can bind another (previous or future)

No act can be challenged - no other body can override or set aside an act

What does sovereignty mean parliament can do

Parliament may make, amend, repeal, or suspend any law

Any limits on parliaments power are self-imposed & can be removed at any time

What are 3 threats to Dicey’s theory

Membership of the EU

Human Rights Act 1998

Devolution

How is membership of the EU a threat to sovereignty

EU law overrides UK law

How does the HRA threaten sovereignty

s3 - judges have to interpret every act in a way that upholds HR

s4 - if an act of parliament is not compatible with human rights a court can make a declaration of incompatibility

• Although the declaration is not binding, it would put pressure on the government & parliament to change the law

Case example for human rights

H v Mental Health Review Tribunal

How does devolution threaten sovereignty

Welsh parliament, Northern Ireland assembly, Scottish Parliament can now make laws, sometimes without the approval of parliament

• Scotland Act 1988

• Government of Wales Act 1988

• Northern Ireland Act 1988

What are the 3 points of Dicey’s rule of law theory

No sanction without breach

One law should govern everyone

Rights of individuals are secured by judges decisions

What does no sanction without breach mean

No one should be punished by the state unless they have broken the law, a new law shouldn’t apply to past events & all law should be public

The state cannot exercise power arbitrarily

What is meant by one law should govern everyone

The judicial mechanisms controlling society applies to the citizen & the government & public bodies

Some institutions (police) are given more power to enable the state to function

Case example for one law should govern everyone

Entick v Carrington - high ranking gov officials are subject to the rule of law

How are our rights secured by the decisions of judges

The highest courts can make a decision in a case which then has to be followed by the lower courts (judicial precedent)

What are two examples of breaching the rule of law

John Hemming - disclosed the name of a famous footballer subject to injunction by using parliamentary privilege

Prisoners vote - conservative MP’s proposed to ignore the ruling made by the ECHR

What are 2 examples of upholding the rule of the

The constitutional reform act 2005 - recognises the rule of law & the importance of the independence of the judicary

Section 1

What does Montesquieu say about separation of powers

The only way to safeguard the liberty of citizens is to keep the 3 arms of state separate, this requires that individuals should not be members of more than one arm of the state, to avoid power being concentrated solely in the hand one person or group

Each branch acts as a check on the other

(There are MP’s who sit in the legislature however)

What are the 3 branches of state & their role

• Executive - gov, PM, cabinet

Role - propose laws

• Legislature - parliament

Role - scrutinise & pass laws

• Judiciary - judges

Role - interpret & apply laws

Case example for separation of powers

R v Secretary of State for Brexit - Supreme Court ruling - in order for the UK to leave the EU, an act of parliament was required, the gov cannot simply make the decision without parliaments approval

→ EU (Withdrawal) Bill was introduced