Parliamentary Sovereignty
One of the twin pillars of the British Constitution:
• Rule of Law
• Parliamentary Sovereignty
“the right of parliament to make or unmake any law it seems fit, and further than
no person or body is recognised by the law of England as having a right to set
aside the legislation of Parliament” – AV Dicey
Why is Parliament sovereign?
Claim: Parliament is dominant because it has superior democratic credentials
meaning that it should occupy this position.
Problems: Women didn’t have an equal chance to vote as mean until
Representation of the People Act 1928, yet parliamentary sovereignty existed
prior to this.
Is Parliament democratic?
1. The Monarch UNELECTED
2. House of Lords UNELECTED
3. The Commons USE OF FPTP
PROBLEMS WITH FPTP
• Unrepresentative (UKIP 3.8m votes in 2015, 1 seat)
• Minority rule (David Cameron 34% 2015)
• Two Party System
Bill of Rights 1689 and Acts of Settlement 1701, restricted the powers of the
monarch in favour of parliament.
No parliament shall be bound by a predecessor: Theory of continuing
sovereignty
Parliament can change how legislation is enacted (ex. needing a referendum, or
2/3 majority): Theory of Self-Embracing Sovereignty
Madzimbamuto v Lardner-Burke(1969): Unconstitutional does not equal
illegal. It is merely a breach of a convention.
Can parliament redesign itself?
The Parliament Act 1911:
At this time parliament would either be hung, or being lead by a very small
majority. Key issue was home rule of Ireland. Liberal government in the 1870s,
had a small majority supported by the Irish Nationalists – who demanded, in
One of the twin pillars of the British Constitution:
• Rule of Law
• Parliamentary Sovereignty
“the right of parliament to make or unmake any law it seems fit, and further than
no person or body is recognised by the law of England as having a right to set
aside the legislation of Parliament” – AV Dicey
Why is Parliament sovereign?
Claim: Parliament is dominant because it has superior democratic credentials
meaning that it should occupy this position.
Problems: Women didn’t have an equal chance to vote as mean until
Representation of the People Act 1928, yet parliamentary sovereignty existed
prior to this.
Is Parliament democratic?
1. The Monarch UNELECTED
2. House of Lords UNELECTED
3. The Commons USE OF FPTP
PROBLEMS WITH FPTP
• Unrepresentative (UKIP 3.8m votes in 2015, 1 seat)
• Minority rule (David Cameron 34% 2015)
• Two Party System
Bill of Rights 1689 and Acts of Settlement 1701, restricted the powers of the
monarch in favour of parliament.
No parliament shall be bound by a predecessor: Theory of continuing
sovereignty
Parliament can change how legislation is enacted (ex. needing a referendum, or
2/3 majority): Theory of Self-Embracing Sovereignty
Madzimbamuto v Lardner-Burke(1969): Unconstitutional does not equal
illegal. It is merely a breach of a convention.
Can parliament redesign itself?
The Parliament Act 1911:
At this time parliament would either be hung, or being lead by a very small
majority. Key issue was home rule of Ireland. Liberal government in the 1870s,
had a small majority supported by the Irish Nationalists – who demanded, in
