4.4 Location of sovereignty in the UK

Question 1

3

Describe legal sovereignty

Answer 1

• Formal power which lies where laws are made (UK Parliament)
• Parliament has right to enact any legislation it wishes (supreme legislative authority)
• Acts of Parliament supercede all other sources of law (Parliamentary sovereignty)

Question 2

3

Describe political sovereignty

Answer 2

• instiution/body that holds most inlfuence over decision-making ‘in practice’
• Political sovereignty lies with public as parliamentary and executive authority derived from consent of electorate in GEs
• Public reclaim political sovereignty when during GEs when they choose parliamentary representatives

Question 3

7

List factors that have changed the location of sovereignty

Answer 3

• Referendums
• Devolution
• Royal prerogative
• Supreme Court
• HRA 1998
• EU Withdrawal
• Globalisation

Question 4

3

Describe how referendums have changed the location of sovereignty

Answer 4

• Precedent since 1997 to determine public opinion on constitutional change through referenda
• Legally non-binding (advisory), yet constitutionally dangerous for govt to ignore result
• Referendums demonstrate de facto transfer of soveriegnty from Parliament to public, via DD

Question 5

2

How did the EU Referendum demonstrated how soveriegnty has moved?

Answer 5

• circa 73% of MPs opposed Brexit
• 2017, HoC voted to trigger article 50 by 384-vote margin

Question 6

4

Describe how devolution has changed the location of sovereignty

Answer 6

• Sovereignty transfered to devolved bodies in Scotland and Wales
• Scotland Act 2016 and Wales Act 2017 recognised permanence
• In theory, Westminster could always return sovereignty
• Sovereignty returned from NI to UK Parliament through direct rule

Question 7

4

Describe how the royal preogative has changed the location of sovereignty

Answer 7

• Blair convention - 2003 vote on supporting military action in Iraq, 2013 Syria
• Consultation of HoC on military action ignored more recently - 2018 Syria, 2024 Houthis (Yemen)
• Demonstrates how there are competing claims between executive and legilsature over where sovereignty lies in UK
• Uncodified constitution does not clearly set out relationship

Question 8

3

Describe how SC has changed the location of sovereignty

Answer 8

• Miller I and Miller II showed limits of royal prerogative
• Judicial review limits authority of govt
• Govt circumvention (e.g. Safety of Rwanda Bill) reinforces parliamentary sovereignty

Question 9

2

Describe how EU membership changed the location of sovereignty

Answer 9

• European law supreme to UK law
• Factortame case (1991) stated that British courts had to implement European law over British law

Question 10

2

Describe how EU withdrawal changed the location of sovereignty

Answer 10

• Demonstrated that Parliament always retained soveriegn right to legislate to restore full parliamentary sovereignty
• No parliament can bind successors

Question 11

4

Describe how globalisation has changed the location of sovereignty

Answer 11

• Can be argued that membership of international organisations restricts UK Sovereignty
• UK expected to obey trading rules of WTO
• Committed to principle of Article 5 of NATO
• 2021, UK Government ignored ICJ ruling that UK ownership of Chagos Islands were illegal

Question 12

4 - (3) (2) (3) (2)

Describe the argument that Westminster remains sovereign

Answer 12

• Globalisation does not challenge parliamentary sovereignty
  
  • EU withdrawal demonstrated that legal sovereignty remained
  • ECHR entrenched through HRA - so can be repealed/suspended by Act of Parliament
  • ICJ ruling ignored
• Devolved sovereignty can be returned
  
  • Gender Recognition Bill 2022
  • NI direct rule
• Referendums are legally non-binding
  
  • Parliament legilsates for referendums
  • Localism Act 2011
  • Parliament decided terms of devo max, brexit withdrawal agreement
• Uncodified constitution remains
  
  • Statute law is supreme
  • SC cannot strike down laws

Question 13

3 - (2) (2) (4)

Describe the argument that Westminster does not remain sovereign

Answer 13

• Devolution has changed location
  
  • Scotland Act 2016 and Wales Act 2017 - quasi-federal structure
  • More powers have been transferred over time
• Clash with political sovereignty
  
  • Referendums used to enact major constitutional change
  • Brexit demonstrated political sovereignty is most important
• UKSC has gained more authority
  
  • clarifies where sovereignty lies
  • rejection of indyref2
  • limits royal prerogative (Miller I and II)
  • HRA effectively limits government agenda

Question 14

2

Name the Acts that allowed for indyref 2014 and EU Ref 2016

Answer 14

• Scottish Independence Referendum Act 2013
• EU Referendum Act 2015

Question 15

3

Describe the SC ruling on indyref2 in 2022

Answer 15

• Unanimous decision
• Scottish Government cannot hold independence referendum without consent of British Government
• Reaffirms that legal sovereignty lies in UK