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Parliamentary sovereignty - Coggle Diagram
Parliamentary sovereignty
Supreme Court
Created in 2009 through the 2005 Constitutional Reform Act
Challenges sovereignty:
Final court of appeal for lower courts, final court of appeal for criminal cases in England, Wales and Northern Ireland and the final court of appeal for all civil cases in the UK.
Doesn't challenge sovereignty:
Created by the Blair government through an Act of Parliament so could be removed be a parliament as no parliament is bound to its predecessor as seen by repeal of 1972 European Communities Act through Brexit.
Only power of judicial review or ultras vires, cannot force any parliament to amend or create law.
2016 Scottish government scheme to introduced the 'named person' scheme which planned to appoint state guardians such as head teachers to be responsible for a Childs welfare. Ruled that it went against Article 8 - right to family and private life.
2017 Gina Miller case. Ruled that Parliament had to be involved in Brexit process as they had been involved in bringing statutory rights for UK citizens through its entry in 1972.
Arguably Parliament does have to listen to the Supreme Court rulings due to its legal sovereignty however this would not happen due to public backlash Parliament would experience.
Devolution
Devolved powers were created in a series of acts in 1998, creating the Welsh Assembly, Northern Ireland Assembly and Scottish Parliament.
Challenges sovereignty:
Transferred powers and functions to new bodies, giving them the authority to make laws on certain areas outside of parliamentary control eg. health and education.
Difference in COVID lockdown rules across the UK, after secondary school education in England you are awarded GCSEs where as in Scotland the equivalent is National 5.
Doesn't challenge sovereignty:
Not a federal system so Parliament retains ultimate authority.
Bodies were created by Acts of Parliament eg. 1998 Government of Wales Act meaning they could be as easily removed by Parliament.
Unlikely that Parliament would remove them because as long as the bodies command public support, this is not a political reality. It is the opposite, as public support grows, the power of the bodies grow and arguably the power of Parliament declines.
After 2014 Scottish Independence Referendum, talks were held on increased powers including increasing the amount Scotland can vary income tax rate from 3p to 10p. 2012 Scotland Act already brought in additional powers due to demands.
Referendums
Act of direct democracy in which people directly express their own views and opinions rather than through a representative which the FPTP electroal system uses.
Challenges sovereignty:
Increased use since 1997. People making important political decisions in absence of Parliament.
Doesn't challenge sovereignty:
Not legally binding and only advisory meaning that Parliament are not bound to the outcome. Eg. 1998 referendum, people voted for the creation of a GLC and Mayor however could've ignored.
2011 AV Referendum : 68% voted No.
2016 EU Referendum : 52% voted Leave.
Politcal reality makes it extremely unlikely that Parliament would risk ignoring the result of a referendum. this idea was underlined after the EU referudnim when constitutional lawyers argued that Parliament was legally entitled to ignore the result of the vote. In practice, MPs are unlikely to risk public backlash that would follow an attempt to defy the clear will of the people.
To say Parliament retains sole sovereignty in the UK political system would be false. Whilst one may argue Parliament seem to hold strong legal sovereignty - being able to make laws on any subject and not bound to their predecessor, it must be considered that political sovereignty - held by the people - is much more important. Parliament would not risk losing power by implementing their powers.