4.4 the location of sovereignty in the UK political system
Legal sovereignty
Represents the right of parliament to enact legislation which has absolute authority &
cannot be overturned by another body.
Political sovereignty
Individuals, groups, or institutions that exercise sovereignty in practice.
Governing party, cabinet & PM dominance over parliament.
Popular sovereignty
Rests with the electorate – votes in referendums & elections, the outcomes of which are in
practice binding on parliament. EU referendum – e.g. of sovereign will of the people
conflicting with that of parliament.
Devolved sovereignty
Parliament agrees for other bodies/institutions to take decisions. Devolved powers can be
taken. Back by parliament later.
The extent to which sovereignty has moved between branches –
Referendums
Since Blair election 1997 – precedent established that referendums are called to
determine public opinion on important constitutional questions like Scottish
independence & EU membership. Referendums not legally binding as the questions
have been only advisory.
However, it would be constitutionally improbable for govt to ignore result.
Referendums demonstrate a transfer of authority from the people’s representatives
in parliament to the public via direct democracy.
- Most controversially occurred in 2016 when public voted to leave EU, although it
is estimated that 73% of MPs opposed brexit, in 2017 HoC consequently voted to
allow the govt to open negotiations to leave the EU.
Devolution
In theory, westminster didn’t lose its sovereign power when it devolved certain
domestic powers to S, W & NI. Westminster parliament could legally reclaim those
powers. This occurred in Northern Ireland from 2002-07 & 2017-2020. Ongoing
difficulties in power sharing provoked by brexit make it possible that this could
happen again.
However, to do this for Scotland & Wales would be harder as both govts can claim
popular legitimacy. Also, Scotland Act 2016 & Wales Act 2017 recognise permanence
Legal sovereignty
Represents the right of parliament to enact legislation which has absolute authority &
cannot be overturned by another body.
Political sovereignty
Individuals, groups, or institutions that exercise sovereignty in practice.
Governing party, cabinet & PM dominance over parliament.
Popular sovereignty
Rests with the electorate – votes in referendums & elections, the outcomes of which are in
practice binding on parliament. EU referendum – e.g. of sovereign will of the people
conflicting with that of parliament.
Devolved sovereignty
Parliament agrees for other bodies/institutions to take decisions. Devolved powers can be
taken. Back by parliament later.
The extent to which sovereignty has moved between branches –
Referendums
Since Blair election 1997 – precedent established that referendums are called to
determine public opinion on important constitutional questions like Scottish
independence & EU membership. Referendums not legally binding as the questions
have been only advisory.
However, it would be constitutionally improbable for govt to ignore result.
Referendums demonstrate a transfer of authority from the people’s representatives
in parliament to the public via direct democracy.
- Most controversially occurred in 2016 when public voted to leave EU, although it
is estimated that 73% of MPs opposed brexit, in 2017 HoC consequently voted to
allow the govt to open negotiations to leave the EU.
Devolution
In theory, westminster didn’t lose its sovereign power when it devolved certain
domestic powers to S, W & NI. Westminster parliament could legally reclaim those
powers. This occurred in Northern Ireland from 2002-07 & 2017-2020. Ongoing
difficulties in power sharing provoked by brexit make it possible that this could
happen again.
However, to do this for Scotland & Wales would be harder as both govts can claim
popular legitimacy. Also, Scotland Act 2016 & Wales Act 2017 recognise permanence
