Parliamentary Supremacy/Sovereignty

What is Parliamentary Supremacy (sovereignty)? Established in Bill of Rights 1689 Explained by Dicey (1885) – as a democratically elected body, Parliament is the supreme law-making body in the country “Parliament…has…under the English constitution, the right to make or unmake any law whatever…and 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” Parliament can make law on any topic Legal Sovereignty – Acts of Parliament must be applied by the courts and override any judicial precedent or previous Acts of Parliament Political Sovereignty – no Parliament can bind its successors – can’t make laws restricting law making in future Parliaments

Limits of Sovereignty – Entrenched Laws Entrenched laws deal with fundamental constitutional issues and are difficult for any future Parliament to change. E.g. legislation extending voting rights to women, the granting of legislative powers to a Scottish Parliament

Limits on Sovereignty – the EU European Communities Act 1972 – membership of the European Union takes priority over conflicting laws in member states S2(1) – all provisions of EU law have the force of law in the UK S2(4) – UK Acts of Parliament are subject to directly applicable EU law Costa v ENEL – both pre-existing Acts and those made in the future must comply with EU law Factortame - If Parliament passes an Act which conflicts with EU law, EU law must prevail - the courts must set aside the Act of Parliament and follow the EU law (contrary to the principle of legal sovereignty) Areas of law not covered by the EU, Parliament is supreme ECA could be repealed – as is the focus of the current debate on EU membership and the referendum which will take place by 2017

Limits on Sovereignty – Human Rights Human Rights Act 1998 – incorporates European Convention on Human Rights into English law – but Convention does not have superiority over English law and Parliament can still make laws that conflict with it S19 – Government minister must declare before a Bill is given its second reading whether it is compatible with the HRA S.3 HRA – courts are required as far as possible to interpret Acts so that they comply with the Convention If an Act cannot be reconciled with the Convention, a judge can make a statement of incompatibility, although ministers are not then obliged to change the law Parliament could refuse to respond to such a declaration, but in practice it is likely the Government will accept the legislation has to change – e.g. – Government changed the law following a declaration of incompatibility in A and others v Secretary of State for the Home Department

Questions you may be Asked Outline the doctrine of Parliamentary supremacy (usually half of a 10 mark question) Briefly explain what is meant by the doctrine of Parliamentary supremacy. Outline one limitation on this doctrine (10 marks) Note – don’t discuss the limits unless the question asks you to