4.4 the location of sovereignty in the UK political system Flashcards
(25 cards)
legal and political soveriegnty
political sovereignty: meaning + why its the most significant?
- refers to sovereignty exercised by the public
- most significant because the legislature and executive depend on the consent of the public to govern
legal and political soveriegnty
legal sovereignty
- refers to the right of parliament to enact legislation
- once it legislates, there can be no power greater than an Act of Parliament
legal and political soveriegnty
popular sovereignty meaning
- when the public expresses its soveriegn will through direct democracy
- Eg. 2016 EU referendum: sovereign will of the people conflicting with an Act of Parliament
parliament and legal sovereignty
diceys rule of law
what does parliament posess? why>
- parliament possesses legal sovereignty to enact any law without being overruled by another body
- Dicey noted because the HoC is accountable to the public in reuglar elections
The extent to which soveriegnty has moved between branches
what kind of state is the UK
unitary
- power is located in one place unlike federal systems
The extent to which soveriegnty has moved between branches
UK codified constitution: what does it mean for law?
- there is no higher law than parliamentary statute
- British judges cannot strike down an Act of Parliament
The extent to which soveriegnty has moved between branches
when was parliamentary sovereignty stated (what case?)
R (Jackson) v Attorney General 2015
The extent to which soveriegnty has moved between branches
why is the location of soveriegnty complicated?
- parliament posesses legal sovereignty
- the extent to which it can exercise this in all circumstances is debatable
referendums
what do referendums represent? what have they been used to determine?
- referednums haev been used to determine public opinion on important constitutional issues
- the results are advisory, but it would be highly dangerous for a governemnt to ask the public a question then ignore the result
- they represent a de facto transfer of authority from peoples represnetatives to parliament
referendums
why was the EU controversial? estimations of MPs that opposeed Brexit vs vote?
- estimations: 73% of MPs opposed Brexit
- 2017: HoC voted 489-114 to allow the governemnt to open negotiations to exit the EU
devolution
how did devolution not mean westminister losing its sovereign power?
- rather than giving away certain domestic powers to other parliaments
- westminister parliament could legally reclaim these powers
devolution
when has westminister reclaimed powers over Northern Ireland?
- 2002-2007 and 2017-2020 when direct rule was re-established
- Brexit makes it possible this could temporarily occur again
devolution
however, what do Scottish and Welsh governments claim? which acts was this established in?
- Scottish and Welsh governments can claim a popular legitimacy
- Eg. Scotland Act 2016 and Wales Act 2017 recognise the permanence of their governments and establish they can only be abolished as a result of a referendum
devolution
what do some commentators suggest: what kind of state is the UK evolving into?
- quasi-federal state where sovereign authority is increasingly shared by constituent members of the UK
royal perogative
what is it?
- exercised by the PM: in certain areas parliament is not sovereign
royal perogative
royal perogative: conflict with conventions?
- Parliamentary vote in 2003 supporting military action in Iraq
- convention has been established that the HoC should be consulted over the use of military force
- this hasn’t been setout in law though…therei is no legal restraint for the PM exercising royal perogative when committing British forces to conflict
royal perogative
what does the use of royal perogatvive demonstrate in terms of the constitution?
- this demonstrates how lacking a codified constitution, there can be a competing claims between branches over where soveriegnty lies.
the supreme court
what does the supreme court ensure? Gina Miller cases? Judicial review?
- ensures the gov doesn’t act beyond its authority (ultra vires)
- Gina Miller (1) say May couldnt exercise royal perogative to withdraw from the EU
- Gina Miller (2) says johnson oculdn’t use royal perogative to prorogue parliament
- supreme court also determines whether the govenrment has acted within the law (judicial review)
the supreme court
what highlights the importance of the supreme court? although, what could the government do to then limit its power?
- recent attempts by the executive to neglect parliament, making lcear limits on government power
- parliament could though limit the authority of the supreme court through legislation
Human Rights Act 1998
how is the HRA no different from any other act of parliamnet?
- parts of it can be suspended
- Eg. Article 5 was suspended after 9/11, enabling gov to hold foreign terrorists indefinitely without trail
- an act can still become law if it is in defiance with the HRA
- the supreme court would issue a statement of incompatability, but the court could not strike it down
the EU
pooled soveriegnty with the EU?
- where EU law was established the UK had to accept the supremacy of the European law over domestic law.
the EU
when was EU soveriegnty established? (whcih case)
Factortame case 1991
stated in cases of conflict, british courts must implement european law over british law
the EU
how has this idea of european law over domestic law changed since the EU referendum?
- parliaments right to legislate has been restored to full parliamentary soveriengty after 31 Jan 2020
globalisation
has globalisation restricted UK sovereignty?
ICC, ICJ, NATO
membership of organisations such as the International Criminal Court nad the International Court of Justice, some have said has restricted UK soveriengty
- Eg. Article 5 of NATO says an attack on one member state is an attack on all
