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The British Constitution

Parliamentary sovereignty

  • 3 things to know
  • AS Unit 1

Overview

Dicey's definition of parliamentary sovereignty, legal sovereignty and crown in Parliament.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

State Dicey's definition of parliamentary sovereignty.

Key term

What is meant by legal sovereignty?

Key term

Distinguish legal sovereignty from political sovereignty.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    State Dicey's definition of parliamentary sovereignty.

    Model answer

    Parliament may make or unmake any law, no body may override an Act of Parliament, and no Parliament may bind its successors.

  2. 2

    What is meant by legal sovereignty?

    Model answer

    Legal sovereignty is the ultimate law-making authority recognised by the courts, which in the UK belongs to the Crown in Parliament.

  3. 3

    Distinguish legal sovereignty from political sovereignty.

    Model answer

    Legal sovereignty is where the formal power to make binding law rests; political sovereignty is where real decision-making power lies, which many locate in the electorate.

  4. 4

    Why can no Parliament bind its successors?

    Model answer

    Any statute purporting to entrench a rule could itself be repealed by a later Parliament exercising exactly the same sovereign power.

  5. 5

    What is the Crown in Parliament?

    Model answer

    It is the formal sovereign law-maker: the monarch, the Commons and the Lords acting together to enact legislation.

  6. 6

    How did membership of the European Union qualify parliamentary sovereignty?

    Model answer

    While the European Communities Act 1972 was in force, UK courts had to give priority to European law and could disapply an Act of Parliament that conflicted with it.

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The British Constitution
The Judiciary and the Supreme Court
The UK Executive
Parliament and the Accountability of Government

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AAccess is bought rather than earned.
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Statute law is enacted by the legislature.
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