Is Parliamentary Sovereignty limited?
- Created by: rebecca
- Created on: 23-04-13 10:56
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- How can we argue that Parliamentary Sovereignty is limited?
- Parliament doesn't have sovereignty
- Mass electorate
- A V Dicey
- Politics was for well off men of that time
- Today there is a mass electorate for most men and women over 18
- Local Government Finance Act 1988 that introduced poll tax was replaced by Parliament due to nationwide riots and demonstrations
- A V Dicey
- People Power
- Pressure groups, media and internet are effective
- Exert a large amount of pressure on Parliament to alter or bring in legislation
- More referendums since 1997
- European Union
- Joined EU in 1973
- External source of law making
- Can pass laws that are contradictory to parliament
- Human Rights Act
- Since 2000 Parliament should only pass laws that are compatible with the HUman Rights Act 1998
- Parts of the European Convention of Human Rights andt was incorporated into this
- Devolved assemblies
- Scottish Parliament elected in 1999 has the right to make primary legislation in some areas
- Devolution has taken away alot of parliaments sovereignty
- Growth of executive power
- Fusion of powers
- First Past The Post is unrepresentative and gives the leading party too much power
- Elective dictatorship
- Even when popularity was sliding in 2005 Labour still held a majority of 67 seats in the Commons but only JUST 25% of the votes
- Other outside influences
- Law commissions
- Permenanently set up in 1965 and is meant to be neutral
- Royal commissions
- Looks into issues, but has no power or force its conclusions on parliament
- Law commissions
- Mass electorate
- Parliament does still have legal sovereignty
- Parliament still legitimises
- All legislation has to pass through parliament
- No statue law is effective unless it has been passed by Parliament as a body
- Government can be removed
- Vote of no confidence can remove them
- Last time was 1979
- Vote of no confidence can remove them
- European legislation
- Can cancel the European cummunitries act 1972
- Parliament scruitnises European legislationa nd remains in control
- Judges can declare Parliamentary law incompatible but cannot strike down a statue
- Devolution
- Does NOT remove sovereignty from Parliament
- Each assembly is established by an Enbabling Act issued by parliament which allows it to exist and limits its influence
- The devolved powers can be taken back
- 2010 Brown Government almost overrode the Stormont Assembly in Northern Ireland when the latter could not come to an agreement over policing powers in that province
- Outside influences
- Demonstrations can do nothing
- Example, Irar War in 2003 done nothing to stop them
- Recent arguments over the 10p tax or the Lisbon Treaty, Parliament still has overall decision
- Demonstrations can do nothing
- Parliament still legitimises
- Parliament doesn't have sovereignty
- Royal commissions
- Looks into issues, but has no power or force its conclusions on parliament
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