8.4 - The Location of Sovereignty in the UK Political System

Question 1

What is political sovereignty?

Answer 1

Absolute authority.

Since the legislature’s authority derives power from the public, it may be said that the public is exercising political sovereignty.

Question 2

What is legal sovereignty?

Answer 2

The right of Parliament to enact legislation which has absolute authority and cannot be overturned by any other body.

Question 3

At what point do the British public reclaim their sovereignty?

Answer 3

At each general election.

Question 4

When does popular sovereignty occur?

Answer 4

When the electorate expresses sovereign will via direct democracy (referendums etc.)

Question 5

Why is the power of Parliament not in it’s own making?

Answer 5

The Commons is accountable to the public at general elections.

Question 6

What kind of state has the UK (traditionally) been viewed as?

Answer 6

A unitary state.

Question 7

Why was the UK viewed as a unitary state?

Answer 7

The authority was located in the Westminster Parliament.

Question 8

Why is the UK not a federal government?

Answer 8

The power is not shared between the government and the states.

Parliament has supreme legislative authority.

Question 9

What is the convention for referendums?

Answer 9

They should be called to rectify important constitutional questions.

Question 10

Why are referendums not legally binding?

Answer 10

There is parliamentary sovereignty, although it would be incredibly unpopular if the government did not follow a referendum result.

Question 11

When was the precedent set to ask the public referendums?

Answer 11

In 1997 by Blair.

Question 12

What happens when a government has a large parliamentary majority in terms of legislature?

Answer 12

There will be very few constraints on it’s legislative abilities.

Question 13

How has devolution changed the location of sovereignty in the UK?

Answer 13

Certain domestic powers were given to national assemblies.

Westminster always has the ability to reclaim the powers, but as a general rule of thumb, it leaves the national assemblies to themselves.

Question 14

Why would it be incredibly difficult to take powers from Wales and Scotland?

Answer 14

They both claim popular legitimacy as they both won a referendum to get their assemblies.

Question 15

How can the Senedd or Scottish Parliaments have their powers revoked?

Answer 15

The Scotland Act 2016 and Wales Act 2017 recognised the permanence of their governments, so they can only be revoked by another referendum.

Question 16

What does the transfer of powers to devolved assemblies mean to the type of state the UK is?

Answer 16

We are possibly seeing a change to a quasi-federal state with constituent members of the UK having their own powers.

Question 17

Why is Parliament not sovereign in certain areas?

Answer 17

The royal prerogative exercised by the PM.

Question 18

What powers does the PM withhold from Parliament?

Answer 18

• Powers of patronage
• Recommendations to the Crown for peers and Anglican Bishops
• Cabinet decisions

Question 19

How has the royal prerogative been undermined more recently?

Answer 19

Since the debate over military action in Iraq in 2003, Parliament now expects to be consulted over military action.

Question 20

How has the convention for Parliamentary debate on military action been ignored?

Answer 20

Theresa May did not consult Parliament when bombing certain areas of Syria.

Question 21

How did the EU blur the lines of sovereignty in the UK?

Answer 21

The sovereignty of the British nation was pooled with other EU nation states.

Question 22

What was the first case that established EU law being sovereign over British law?

Answer 22

The Factortame Case (1991)

Question 23

Why did Brexit prove the UK always had Parliamentary sovereignty over the EU?

Answer 23

Brexit allowed the UK to repeal EU law, restoring Parliamentary sovereignty, which it could have done at any time.

Question 24

What law can British courts refer to in cases of human rights?

Answer 24

The Human Rights Act 1998.

Question 25

Why is the HRA still weak to limit Parliamentary sovereignty?

Answer 25

The Act can be repealed at any time.

Question 26

When was the HRA repealed? (hmm…)

Answer 26

Article 5 was suspended post 9/11, so the government could hold terrorist suspects indefinitely.

Question 27

How can Parliament pass legislation if it’s in defiance of the HRA?

Answer 27

Due to the principle that no Parliament may bind its successor, they can pass any legislation they would like.

Question 28

What does the judiciary do for legislation that is in defiance of the HRA?

Answer 28

They issue a formal statement of incompatability.

Question 29

Why has globalisation changed the location of UK sovereignty?

Answer 29

The UK is expected to follow trading rules of the WTO, and commit to NATO’s constitution.

Question 30

How has the location of sovereignty changed in the UK?

Answer 30

• Referendums.
• Strong Executives.
• Devolution.
• Royal Prerogative.
• EU (hmm…)
• HRA
• Globalisation

Question 31

Is the Westminster Parliament sovereign? (Yes)

Answer 31

• Parliament legislated to leave the EU.
• There is no codified constitution so there is no law higher than parliamentary statute.
• The HRA can be repealed at any time.
• Parliament could abolish devolved assemblies by Act of Parliament.
• Parliament is not legally bound by referendum.