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• ECA could be repealed – as is the focus of the current debate on EU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