Slides - Parliamentary Supremacy Notes

Lesson Objectives are:
•to explain the doctrine of

parliamentary supremacy
•to consider limitations on the
doctrine of parliamentary supremacy
What is a parliament?
A group of elected people
Who make law
Who discuss about public affairs
Who check the works of
government
Parliamentary Sovereignty
The supremacy of Parliament was established in
the 17th century.
In 1689 the Bill of Rights was enacted, which

deemed Parliament to be the supreme law-maker.
Article IX states ‘the freedom of speech and

debates or proceedings in Parliament ought not to
be impeached or questioned in any court or place
out of Parliament.”
Parliamentary Sovereignty –
According to AV Dicey
The word ‘sovereignty’ basically means control
of authority.
So, the term ‘Parliamentary Sovereignty’ means
that the parliament has absolute control and it
is supreme over all other Governmental
institutions. It is also called legislative
supremacy.
Parliamentary sovereignty holds that the
parliament may change or repeal any previous
legislation and so it is not bound by written law
(even a constitution) or by precedent.
Dicey cont.
19th Century Constitutional Lawyer
‘the principle of parliamentary sovereignty

means…that parliament…has the right to
make or unmake any law whatever, and
further, that no person or body is recognised
by the law of England as having a right to
override or set aside the legislation of
Parliament.”
Parliamentary sovereignty
cont.
Many states have sovereign legislature,
including the UK, Finland, Sweden,
Netherlands, New Zealand, Norway,
Denmark, Iceland
Characteristics of Parliamentary
Sovereignty
Uncodified and flexible constitution
Generally, there is no judicial review
No authority, court or branch which can
declare any law passed by the parliament
void or illegal
Parliament can modify and change any law
Parliament exercises unlimited power in
making or modifying law
Dicey’s 3 key rules of
parliamentary sovereignty
1) Parliament can make or unmake any law
- There is no subject matter on which
parliament cannot make law
- See Burmah Oil Company v Lord Advocate
[1965] AC 75
2) Parliament can not bind its successor
- Each parliament will enjoy the same
unlimited power as any parliament before it
- No parliament can enact rules which limit
future parliament
Dicey cont.
Vauxhall Estate Ltd v Liverpool Corporation
(1932)
3) No one can question parliament’s law
- Court or any other legal body can not
question the validity of a law enacted by
parliament. The court can give suggestions.
- British Railways Board v Pickin (1974)
Parliamentary
Sovereignty/Supremacy
Parliamentary law is sovereign
over all other forms of law in
England and Wales
judicial
custom
precedent
An Act of
Parliament
can
completely
overrule any:
previous Act of
delegated Parliament
legislation
Reason: democratic law-making, i.e. MPs vote on
behalf of those who voted for them
- though this is not a realistic view of democratic law-
making:
1. MPs usually vote on party lines, not how their
constituents wish
2. Taking into account the small proportion who
vote and also that there are several candidates
many MPs are elected by only a minority of the
electorate
3. General elections may be five years apart so an
MP going against constituents’ wishes is not
immediately replaceable
4. Drafting is done by civil servants who are not
elected
5. The House of Lords is not elected
Definition - Dicey (19th
Century):
1. Parliament 2. No Parliament 3. No other

can legislate can be bound by body has the
on any any previous right to
subject- Parliament, nor overrule or
matter: can a Parliament set aside an
pass any Act that Act of
Act of
will bind a later Parliament
Settlement
Parliament
1700 Even if there
But - Act of was fraud in
Settlement 1700 making it -
Limitations on Parliamentary Sovereignty
1. Whilst a judge cannot overrule an Act of Parliament it is
a judge’s job to interpret Acts of Parliament
2. International law and treaties: International law and
treaties may limit the exercise of parliamentary
supremacy. Before the Brexit, the UK was bound by
international law and treaties that it had ratified, which
limited the scope of legislation that Parliament could
pass.
3. Devolution: The devolution of powers to Scotland,
Wales, and Northern Ireland created limitations on the
exercise of parliamentary supremacy. The devolved
institutions have the power to make laws in certain
areas, which means that Parliament's supremacy is
limited in those areas.
4. Human rights: The Human Rights Act 1998
incorporates the European Convention on Human Rights
into UK law. This means that Parliament's power to make
laws is limited by the requirement to respect human
rights.
Limitations cont.
Constitutional conventions: Constitutional conventions
are unwritten rules that govern the exercise of power.
While these conventions do not have the force of law, they
are an important part of the UK's constitutional system.
For example, the convention of ministerial responsibility
means that ministers are accountable to Parliament for
their actions.
Judicial review: Judicial review is the power of the courts
to review the lawfulness of decisions made by public
bodies, including Parliament. The courts can strike down
legislation that is unlawful or unconstitutional, which
means that Parliament’s supremacy is limited by the
requirement to act within the law.
Referendums: Referendums provide a direct democratic
mandate for certain decisions, and the result of a
referendum may limit the scope of legislation that
Parliament can pass.
Parliamentary Sovereignty
Advantages Disadvantages
A unified government enables the Drastic policy change is possible
quick enactment of policies from one government to the next
A clear line of policy-making Coalition governments may be
responsibility helps define short-lived, with frequent
accountability elections
Minority parties are frequently Minority groups have relatively
represented in parliamentary fewer protections
legislatures
Political parties and party
discipline tend to be strong

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Lesson Objectives are:

•to explain the doctrine of

In 1689 the Bill of Rights was enacted, which

Article IX states ‘the freedom of speech and

‘the principle of parliamentary sovereignty

1. Parliament 2. No Parliament 3. No other

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