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Parliamentary sovereignty

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What Is Parliamentary Sovereignty?

Parliamentary sovereignty is a foundational principle of constitutional law, primarily associated with the United Kingdom's uncodified constitution. Within the broader category of governance structures, it asserts that the legislative body, Parliament, holds ultimate legal authority within the state. This means Parliament has the power to create, amend, or repeal any law it chooses, and no other person or body, including the judiciary or the executive, can override its legislation.36 This concept of parliamentary sovereignty underscores the supremacy of the elected representatives in shaping the legal framework of a nation.

History and Origin

The principle of parliamentary sovereignty evolved over centuries in England, stemming from the historical struggles between the Crown and Parliament. A significant milestone in its establishment was the Glorious Revolution of 1688 and the subsequent enactment of the Bill of Rights in 1689.35 This landmark legislation, passed by the English Parliament, explicitly limited the power of the monarchy and asserted Parliament's authority in matters such as taxation, law-making, and maintaining a standing army.33, 34 The Bill of Rights cemented the notion that the Crown could not act against the will of Parliament and that laws should be made with the consent of the elected representatives.32 This historical shift laid the groundwork for the modern understanding of parliamentary sovereignty, where Parliament became the supreme legal authority.

Key Takeaways

  • Parliamentary sovereignty signifies that Parliament is the supreme legal authority, capable of creating or ending any law.
  • No other body, including the courts or the executive, can legally challenge or overrule Parliament's legislation.31
  • A key implication is that no Parliament can pass laws that future Parliaments cannot change, ensuring legislative flexibility.30
  • This principle is a cornerstone of the UK's uncodified constitution.
  • While theoretically boundless, practical political considerations often limit its exercise.

Interpreting Parliamentary Sovereignty

Parliamentary sovereignty is interpreted as a legal principle establishing the hierarchy of law-making power within a state. It means that Acts of Parliament represent the highest form of law in the legal system, and all other legal entities, such as government agencies and courts, must comply with them.29 For instance, if Parliament passes a new statute that conflicts with existing common law or previous legislation, the new statute will prevail. The judiciary's role is to interpret and apply the laws made by Parliament, not to question their validity or the political circumstances leading to their enactment.28 This contrasts with systems that feature a codified constitution, where a supreme court might have the power of judicial review to strike down laws deemed unconstitutional.

Hypothetical Example

Consider a hypothetical scenario in a country operating under parliamentary sovereignty. The government proposes a new law to significantly increase the national minimum wage to a level much higher than current economic indicators might suggest as sustainable. Despite concerns from various economic lobbies and even some internal dissent, the ruling political party, holding a majority in Parliament, pushes the legislation through all necessary parliamentary stages. Once the bill receives royal assent, it becomes law. Under parliamentary sovereignty, no court, even if it believed the law to be economically unsound or unjust, could invalidate it. The law's legitimacy stems solely from its proper enactment by Parliament, illustrating the legislative supremacy inherent in the principle.

Practical Applications

Parliamentary sovereignty manifests in various aspects of a nation's legal and political landscape. One prominent application is in the ability of Parliament to enact significant legal reforms without constitutional limitations, such as the comprehensive overhaul of social welfare programs or major shifts in economic policy. Another area where parliamentary sovereignty has been keenly felt is in international relations and trade agreements. For example, the debate surrounding the United Kingdom's departure from the European Union, commonly known as Brexit, was heavily influenced by the concept of parliamentary sovereignty, with proponents arguing for the restoration of full legislative autonomy.27 The application of European Union law within the UK had been seen by some as a challenge to the Westminster Parliament's supremacy, leading to calls for the UK Parliament to regain ultimate control over its laws.26 Even issues such as the post-Brexit trading arrangements for Northern Ireland continue to involve discussions about the application and amendment of laws by the UK Parliament.25

Limitations and Criticisms

While parliamentary sovereignty grants immense power to the legislative body, it is not without theoretical and practical limitations, and it faces various criticisms, particularly in the realm of checks and balances. Critics argue that an unchecked Parliament could potentially enact oppressive or unjust laws, as there is no higher legal authority to overturn them. While in theory, Parliament could pass legislation that impacts a significant portion of the population, political consequences typically deter such actions.24

Another point of contention arises when considering international law and treaties. Although Parliament has the power to legislate contrary to international obligations, doing so can lead to significant diplomatic and economic repercussions. The debate surrounding the Human Rights Act in the UK, which incorporates the European Convention on Human Rights into domestic law, highlights this tension. While Parliament can theoretically repeal this Act, the political and moral implications of doing so are substantial. Furthermore, the rise of devolution in the UK, where certain legislative powers are granted to regional assemblies, presents a more recent practical limitation, though Parliament retains the ultimate authority to revoke these powers. The principle of parliamentary sovereignty can also be perceived as a challenge to rule of law principles if Parliament's actions are not subject to some form of higher legal scrutiny.

Parliamentary Sovereignty vs. Constitutionalism

Parliamentary sovereignty and constitutionalism represent distinct approaches to governing a state. Parliamentary sovereignty, as seen in the UK, posits that Parliament is the supreme legal authority, able to make or unmake any law.23 There are no entrenched constitutional limits on its legislative power, and courts generally cannot invalidate Acts of Parliament. This system emphasizes legislative supremacy and the will of the elected representatives.

In contrast, constitutionalism, prevalent in countries with codified constitutions like the United States, places the constitution as the supreme law of the land. Under constitutionalism, all government institutions, including the legislature, are bound by the constitution. Laws passed by the legislature can be subject to judicial review, where courts can declare them unconstitutional if they violate the fundamental rights or principles enshrined in the constitution. This approach prioritizes limited government, the protection of individual liberties, and a separation of powers, often leading to a more complex system of governance.

FAQs

Q: Does parliamentary sovereignty mean Parliament has unlimited power?
A: In a theoretical legal sense, parliamentary sovereignty suggests Parliament has unlimited legislative power. However, in practice, political realities, public opinion, and international obligations significantly influence and constrain how this power is exercised.22 There are also conventions and the possibility of a political backlash.

Q: How does parliamentary sovereignty affect individual rights?
A: Under parliamentary sovereignty, individual rights are protected by laws passed by Parliament. While Parliament can, in theory, alter or repeal these laws, established legal principles and political conventions generally uphold fundamental rights. Unlike systems with entrenched bills of rights, Parliament's power over rights is legally supreme.21

Q: Is parliamentary sovereignty unique to the United Kingdom?
A: While most strongly associated with the United Kingdom, similar concepts of legislative supremacy exist in other parliamentary democracies with uncodified or flexible constitutions, such as New Zealand, Canada (to a degree), and Israel. However, the specific interpretation and application can vary.

Q: Can a future Parliament undo laws passed by a previous Parliament?
A: Yes, a core tenet of parliamentary sovereignty is that no Parliament can bind its successors. This means that any law passed by a Parliament can be amended or repealed by a future Parliament. This legislative flexibility is a defining characteristic of the system.20

Q: What is the relationship between parliamentary sovereignty and the Crown?
A: The relationship evolved from historical power struggles, culminating in the Crown's power being significantly limited by Parliament. Today, royal assent is a necessary formality for a bill to become law, but the monarch acts on the advice of the government, which is accountable to Parliament.19 This signifies Parliament's ultimate authority over the Crown.

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