Intro

Question 1

1.1 parliamentary sovereignty

Answer 1

The idea that Parliament can make or unmake any law, and no other body (including the courts) can override or set aside its legislation (Dicey).

Question 2

1.2 What was the main objective of the Human Rights Act 1998?

Answer 2

To bring rights home by allowing individuals to enforce ECHR rights in UK courts — without undermining parliamentary sovereignty.

Question 3

1.3 What constitutional balance did Labour aim to achieve with the HRA?

Answer 3

A balance between protection of rights and democracy, empowering courts to interpret laws compatibly with rights without giving them strike-down powers.

Question 4

1.4 What model of constitutional interaction did the HRA aim to create?

Answer 4

A model of dialogue, not domination — where courts can influence, but not override, Parliament.

Question 5

1.5 What are the three main areas to assess whether the HRA impacted parliamentary sovereignty?

Answer 5

Courts’ powers of interpretation and declaration (ss.3 & 4)

Executive accountability and public authority duties (s.6)

Parliament’s sovereignty in law vs practice (s.4, s.19, Scotland comparison)