Practical (Not Legal) Limits to Parliamentary Sovereignty

Question 1

Practical (Not Legal) Limits to Parliamentary Sovereignty (2 Points)

Answer 1

• dicey recognised sovereignty ‘is limited on every side by the possibility of popular resistance’
• this is a democratic society, the government’s purpose is to serve the people. they are elected by us and thus parliament’s power is limited

Question 2

dicey suggested parliament’s powers were not limited by law, but that there are practical limits (2 Points):

Answer 2

• internal - parliament will not enact legislation which will harm those it represents
• external - such laws would be ineffective because they would be disobeyed (e.g. poll tax)

Question 3

impact of devolution acts? (2 Points)

Answer 3

• parliamentremains sovereign, and retains the power to amend the devolution acts or to legislate on anything that has been devolved;
• however, the government has made clear it will not normally legislate on a devolved matter without the consent of the devolved legislature