ultimate power in the UK remains with the Westminister parliament Flashcards
(6 cards)
Parliamentary Sovereignty legally
Rwanda Bill 2024
The Miller I (2017) Parliament muist vote for Brexit
Theresa may largest govt defeat in history (230)– parliament can defeat govt
Devolved Powers Are Statutory, Not Sovereign– repeal these
Scotland Act 1998 gave powers to Holyrood, but sovereignity remains with westminister
Westminster intervened in NI abortion law and same-sex marriage during Stormont’s suspension in 2019.
Control Over the Constitution
Parliament passed the Fixed-term Parliaments Act (2011), then repealed it in 2022
the HRA could possible be overturned or simply ignored. This shows that despite the illusion of limits on parliaments power, it is still sovereign.
A v Secretary of State
Voting rights of prisoners- gov ignored SC ruling
International Obligations Limit Parliament’s Freedom
Brexit agreements like the Northern Ireland Protocol bind the UK to EU regulations in certain areas, regardless of Parliament’s wishes.
Human rights laws via the European Convention on Human Rights (ECHR)
Devolution Has Shifted Real Power
Scotland controls key areas like health, education, and justice.
During COVID-19, Scotland had its own lockdown rules, separate from Westminster. (locklowns were longer, took a more cautious approach)
Growing Judicial Oversight
Miller 1 (pass Brexit using royal prerogative) and 2 (suspend parliament for 5 weeks before brexit) rulings showed that executive power (acting on Parliament’s behalf) is not above legal challenge.