Parliamentary sovereignty in theory and practise

Question 1

What did A.V Dicey describe the doctrine of parliamentary sovereignty as?

Answer 1

one of the ‘twin pillars’ of the English Constitution and the rule of law

Question 2

What is parliamentary sovereignty rooted in?

Answer 2

common law

Question 3

What is parliamentary sovereignty based on?

Answer 3

3 interlocking principles

Question 4

What are the 3 interlocking principles in which parliamentary sovereignty is based on?

Answer 4

• Parliament can make or unmake any UK law
• Only Parliament can make UK law
• No Parliament can bind its successors

Question 5

What 3 things are said to have undermined Parliaments position at the apex of the UK system of government?

Answer 5

• superiority of EU law
• new Labours devolution programme
• increased use of referendums

Question 6

How is parliamentary sovereignty limited in practise rather than theory ?

Answer 6

As in theory, Parliament still has the power to reverse all of the changes which have hindered its power , however in practise it is unlikely to do so

Question 7

What does sovereignty mean?

Answer 7

this means ultimate political authority. Parliamentary sovereignty is said to be the key element of the British constitution. In a legal sense, it means that parliament has absolute and unlimited authority, being the supreme law making body in Great Britain

Question 8

What are the 5 political constraints on parliaments legal sovereignty?

Answer 8

• membership of the EU
• the demands of the International Monetary Fund
• the activities of pressure groups
• powerful media
• the electorate

Question 9

What do Government and parliament need?

Answer 9

they need popular acquiescence (acceptance)

Question 10

What is the international monetary fund?

Answer 10

an international organisation of 185 members countries established to promote international monetary cooperation, encourage economic growth and provide temporary financial assistance to countries to help ease balance of payment difficulties

Question 11

What was the Act under dispute in the Factortame case?

Answer 11

Merchant Shipping Act 1988

Question 12

What did the Spanish fishing company argue in the Factortame case regarding the Merchant Shipping Act 1988?

Answer 12

That their trawlers were entitled to fish in UK waters under EC law

Question 13

What did the ECJ rule in the Factortame case?

Answer 13

that national courts could disapply legislation that conflicted with EC law

Question 14

How many volumes of existing legislation did Britain accept when it joined the European Community?

Answer 14

47