Parliamentary sovereignty in the UK political system
- Created by: wanjikar
- Created on: 30-05-23 17:02
View mindmap
- Evaluate how far Parliament remains sole sovereignty within the UK political system
- Devolution and referendums
- devolution to Scotland, Wales and Northern Ireland created their own parliaments and assemblies
- Scotland can make primary legislation and has tax-varying powers
- Wales can make secondary legislation
- different electoral systems means nationalist parties can be elected
- e.g., SNP is more popular in Scotland than Labour or Tories
- The Scotland Act
- establishes that Westminster cannot legislate on devolved matters without consent
- the Scottish parliament cannot be abolished unless approved by a referendum within Scotland
- LIMITATION
- the unitary system does mean Westminster is sovereign and can overrule devolved legislation
- e.g., Sunak's govt overruled Scotland's Gender Recognition Bill
- the unitary system does mean Westminster is sovereign and can overrule devolved legislation
- devolution to Scotland, Wales and Northern Ireland created their own parliaments and assemblies
- The Supreme Court
- HRA transferred power to the judiciary
- allows justices to issue declarations of incompatibility
- HM Treasury v Ahmed (2010) ruled that the freezing of a suspected terrorist’s assets were a breach of the civil liberties outlined in the HRA
- judicial review allows citizens to be heard on cases in which the govt infringes on their rights
- e.g., police use of terror laws to stop and search on groups on only suspicion ruled to be unlawful
- LIMITATION
- limited to declarations and the govt can ignore SC rulings
- Executive dominance
- The power of delegated legislation allows cabinet ministers to make legislation without Parliament
- removes political debate
- limits Parliament's powers
- LIMITATION
- executives power still lies in the House of commons
- Supreme Court also works to defend parliamentary sovereignty
- Miller v Secretary of State for Exiting the EU
- The power of delegated legislation allows cabinet ministers to make legislation without Parliament
- Devolution and referendums
Comments
No comments have yet been made