Parliamentary sovereignty

Question 1

3. 5
   What did Dominic Raab say during the Bill of Rights Bill?

Answer 1

That “Parliament has the last word” — reaffirming Westminster’s legal sovereignty.

Question 2

3.1 Parlimament soveriegnty

Answer 2

-Parliament still remains sovereign under s4(6),a declaration of incompatability does not affect the validity or enforceability of the law,parliament can chose to act or not and it is not binding on parties to the proceedings in which it is made

-under section 6 a public authority is compelled by primary legislation to act incompatbilty that act is still lawful,perserving parliamentary sovereignty

Question 3

3.2 in practice

Answer 3

-Parliment almost always complies with declarations.The join committee on Human rights,scrutinises bills for comptability and plays a role in shaping legislative response

-addtionally section 19 of the HRA requires a statement of compatability from the minister in charge of a bill or a “nevertheless” statement
-illegal migration act 2023

Question 4

3.3 unde s.29

Answer 4

Of the Scotland Act 1998 legilsation of the Scottish parliament that is incompatable with convention rights is “not law”.In salvesen v Riddell,parts of the scottish parliement legislation were struck down.Westminister however has no constrains affirming its legal sovereignty

Question 5

3.4 consequences/analysis

Answer 5

-The political consequences of ignoring rights rulings pose massive consequences on parliament,exerting huge political pressure on parliament to legislate on straubourg rights rulings,therefore affecting parliamentary sovereignty as parliament doesnt really have a choice