Public law - Parliamentary sovereignty

what is parliamentary sovereignty?

Antwort: Parliament has a number of functions Law – making is one of them. PS is about the nature and scope of its Legislative or law – making power

Under the traditional understanding of parliamentary sovereignty who legislates?

Antwort: House of commons House of Lords Queen ( royal assent) Means ‘the Queen – in – parliament’

What is Diceys formulation of the orthodox view?

Antwort: that parliament has (i) the right to make or unmake any law whatever; (ii) no person or body [OR COURT] is recognised by the law of England as having a right to override or set aside the legislation of Parliament.’ A.V. Dicey, Introduction to the Study of the Law of the Constitution (London: Macmillan, 8th ed. 1915), at 37-38

Even though parliament has the right to make or unmake any law what is it constrained by in practice?

Antwort: Politics Democracy Morality Practicalities

What is the function of parliamentary sovereignty?

Antwort: A central organising principle. A constitutional focal point.

What does it mean by parliamentary sovereignty being a central organising principle?

Antwort: Structure/ hierarchy of sources organised by ref to PS Operation of other branches of state organised by ref to PS.

What does it mean by parliamentary sovereignty being a constitutional focal point?

Antwort: Transmits a symbolic message about the (potential) legitimacy of the UK constitution

What are the virtues of parliamentary sovereignty?

Antwort: Ensures constitutional primacy of democratic decision – making … House of Commons within parliament is (now) the only directly elected part of UK central government. Far from perfect, but relative legitimacy key. Judiciary, in contrast: unelected, unrepresentative (politically) accountable. Justifies (?) absence of legal limits on law- making power.

What is the traditional understanding of parliamentary sovereignty?

Antwort: Legally unlimited legislative power of the UK parliament ‘right to make or unmake any law’ ‘no other body can override legislation of parliament’

What is it crucial to understand in terms of parliamentary sovereignty?

Antwort: Legislative power operates in a scheme of political responsibility. Of Government to electorate (mandate), itself (collective and individual ministerial responsibility) and its party. Parliament (especially House of Commons) to the people (representation).