Topic 2 – parliamentary sovereignty
What is parliamentary sovereignty
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
Traditional understanding of PS
Who legislates?
House of commons
House of Lords
Queen ( royal assent)
Means ‘the Queen – in – parliament’
Dicey’s formulation of the orthodox view.
‘The principle of parliamentary sovereignty means neither more nor less than this, namely, that
Parliament thus defined has, under the English constitution, the right to make or unmake any law
whatever; and further, that no person or body is recognised by the law of England as having the
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)
(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
, Parliament has the legal authority to make any law whatsoever including
Making far -reaching constitutional changes (lecture 7)
An act of Parliament requiring ‘all blue – eyed babies’ to be put to death L. Stephen,
The Science of Ethics (London: Smith, Elder & Co., 1882), at 143)
Making smoking on the streets of Paris a criminal offence (W.I. Jennings, The Law
and the Constitution (London: University of London Press, 5th ed. 1959), at 147)
But in practice constrained by
Politics
Democracy
Morality
Practicalities
Function of parliamentary sovereignty
A central organising principle.
A constitutional focal point.
‘The supremacy of parliament is the constitution’ – W.I. Jennings, The Law
and the Constitution (London: University of London Press, 5th ed. 1959), at
314
A central organising principle
Structure/ hierarchy of sources organised by ref to PS
Operation of other branches of state organised by ref to PS.
(See M Gordon, parliamentary Sovereignty in the UK constitution. (oxford: Hart 2015) AT 25
– 58)
A constitutional foal point
Transmits a symbolic message about the (potential) legitimacy of the UK
constitution.
(See M Gordon, parliamentary Sovereignty in the UK constitution. (oxford: Hart 2015) AT 25
– 58)
Virtue of PS
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.
2
What is parliamentary sovereignty
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
Traditional understanding of PS
Who legislates?
House of commons
House of Lords
Queen ( royal assent)
Means ‘the Queen – in – parliament’
Dicey’s formulation of the orthodox view.
‘The principle of parliamentary sovereignty means neither more nor less than this, namely, that
Parliament thus defined has, under the English constitution, the right to make or unmake any law
whatever; and further, that no person or body is recognised by the law of England as having the
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)
(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
, Parliament has the legal authority to make any law whatsoever including
Making far -reaching constitutional changes (lecture 7)
An act of Parliament requiring ‘all blue – eyed babies’ to be put to death L. Stephen,
The Science of Ethics (London: Smith, Elder & Co., 1882), at 143)
Making smoking on the streets of Paris a criminal offence (W.I. Jennings, The Law
and the Constitution (London: University of London Press, 5th ed. 1959), at 147)
But in practice constrained by
Politics
Democracy
Morality
Practicalities
Function of parliamentary sovereignty
A central organising principle.
A constitutional focal point.
‘The supremacy of parliament is the constitution’ – W.I. Jennings, The Law
and the Constitution (London: University of London Press, 5th ed. 1959), at
314
A central organising principle
Structure/ hierarchy of sources organised by ref to PS
Operation of other branches of state organised by ref to PS.
(See M Gordon, parliamentary Sovereignty in the UK constitution. (oxford: Hart 2015) AT 25
– 58)
A constitutional foal point
Transmits a symbolic message about the (potential) legitimacy of the UK
constitution.
(See M Gordon, parliamentary Sovereignty in the UK constitution. (oxford: Hart 2015) AT 25
– 58)
Virtue of PS
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.
2
