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.

Legal and political sovereignty
- Legal sovereignty is the legal right by which sovereignty can be exercised.
- Political sovereignty is the ability to exercise sovereignty in practice.

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
- 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 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.

Legal sovereignty of Parliament
- Parliament demonstrated its legal sovereignty by passing the European Union (Notification of Withdrawal) Act 2017, triggering Article 50 and beginning the process of leaving the EU.
- The UK formally left the EU on 31 January 2020, with the transition period ending in December 2020.
- Parliament retains legal sovereignty over the UK's most important powers, including foreign policy, taxation and defence.

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.
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister10.3.2Prime Minister's Powers10.3.3Limits on the Prime Minister's Powers10.3.4Role of the Cabinet10.3.5Prime Minister & Cabinet: Relations10.3.6Prime Minister & Cabinet: Balance of Power10.3.7Prime Minister & Cabinet: Case Studies10.3.8End of Topic Test - PM & Cabinet10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature17.2.2Constitution: Provisions & Principles17.2.3Federal System & Devolution17.2.4Legislative: Lower Houses of Government17.2.5Legislative: Upper Houses of Government17.2.6Legislative: Powers & Functions17.2.7Executive17.2.8Supreme Court17.2.9Supreme Court: Judicial Independence17.2.10Civil Rights17.2.11Civil Rights: Interest Groups17.2.12Party Systems & Parties17.2.13Campaign Finance & Pressure Groups17.2.14End of Topic Test - Comparing UK & US17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister10.3.2Prime Minister's Powers10.3.3Limits on the Prime Minister's Powers10.3.4Role of the Cabinet10.3.5Prime Minister & Cabinet: Relations10.3.6Prime Minister & Cabinet: Balance of Power10.3.7Prime Minister & Cabinet: Case Studies10.3.8End of Topic Test - PM & Cabinet10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature17.2.2Constitution: Provisions & Principles17.2.3Federal System & Devolution17.2.4Legislative: Lower Houses of Government17.2.5Legislative: Upper Houses of Government17.2.6Legislative: Powers & Functions17.2.7Executive17.2.8Supreme Court17.2.9Supreme Court: Judicial Independence17.2.10Civil Rights17.2.11Civil Rights: Interest Groups17.2.12Party Systems & Parties17.2.13Campaign Finance & Pressure Groups17.2.14End of Topic Test - Comparing UK & US17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Practice questions on Sovereignty in the UK Political System
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