11.4.1

Sovereignty in the UK Political System

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Sovereignty in the UK Political System

Under parliamentary sovereignty, Parliament is the most important legal authority in the UK with the power to create or end laws.

Movement of sovereignty

Movement of sovereignty

  • Sovereignty has shifted from Parliament to the executive through the use of royal prerogative powers.
    • In 2018, PM Theresa May ordered airstrikes on Syria in response to the regime's use of chemical weapons without seeking parliamentary approval.
  • The Human Rights Act 1998 incorporated ECHR rights into UK law, allowing courts to issue declarations of incompatibility, though Parliament retains legal sovereignty.
Sovereignty to EU and judiciary

Sovereignty to EU and judiciary

  • The UK’s membership of the European Union from 1973 to 31 January 2020 moved sovereignty away from Parliament towards the EU.
  • The 1990 Factortame case saw the European Court of Justice rule that the Merchant Shipping Act 1988 was incompatible with EU law, requiring UK courts to disapply it.
  • The Human Rights Act 1998 incorporated ECHR rights into UK law; courts may issue declarations of incompatibility but cannot strike down Acts of Parliament.
Constitutional reform

Constitutional reform

  • Constitutional reform has moved sovereignty away from Parliament to other UK political institutions.
    • The devolution of power in 1998 transferred authority to the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly, covering areas such as education, health and the environment.
    • The Constitutional Reform Act 2005 established the Supreme Court, transferring the House of Lords' role as the UK's final appeal court to the new body.
Limits to political sovereignty

Limits to political sovereignty

  • Referendums place sovereignty in the hands of UK voters, enabling citizens to make key political decisions.
    • The 2016 EU referendum, in which over 33.5 million people voted to leave the EU, showed that popular sovereignty can override parliamentary decisions.
  • Prior to Brexit, the EU could make laws that overruled Acts of Parliament, including directives and regulations.
  • The executive can restrict parliamentary sovereignty by deploying troops without a parliamentary vote.
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