PARLIAMENTARY SOVEREIGNTY ParliamentParliament is the supreme law- making body in the UK and has the absolute legal right to make any law it chooses and.

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Presentation transcript:

PARLIAMENTARY SOVEREIGNTY ParliamentParliament is the supreme law- making body in the UK and has the absolute legal right to make any law it chooses and to amend or repeal existing ones

Four Aspects to the Doctrine There is no higher legal authority.There is no higher legal authority. No court or judge can declare an Act of Parliament invalid or unconstitutional.No court or judge can declare an Act of Parliament invalid or unconstitutional. There are no limits on Parliament’s ability to pass legislationThere are no limits on Parliament’s ability to pass legislation No Parliament can legally bind its successor or be bound by its predecessor.No Parliament can legally bind its successor or be bound by its predecessor.

But Membership of the EU, 1973 The Factortame case Incorporation of the ECHR The Human Rights Bill 1998 Parliament for Scotland Primary legislative powers

LIMITATIONS ON PARLIAMENTARY SOVEREIGNTY REFERENDUMS 1975 on European Membership 1979 on Devolution 1997 on Devolution 1998 on Belfast Agreement

LIMITATIONS ON PARLIAMENTARY SOVEREIGNTY THE COURTS  Devolution  Judicial Review  EU  ECHR

LIMITATIONS ON PARLIAMENTARY SOVEREIGNTY THE IMPACT OF THE OUTSIDE WORLD EU SEA 1985 Maastricht Treaty 1990