Structure and functions of Parliament

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Amelia is a legal advisor to a newly formed parliamentary committee tasked with reviewing the far-reaching provisions of a previous Act that drastically limited future legislative amendments on environmental policy. Critics argue that the prior Parliament effectively bound subsequent Parliaments by requiring an extraordinary majority vote to amend or repeal the Act. The committee is also evaluating whether the courts could intervene and declare these provisions invalid if they conflict with certain constitutional principles. Amelia notes that parliamentary sovereignty is a cornerstone of the UK's constitution, guaranteeing legislative supremacy of Parliament. She wonders how best to reconcile the principle that no Parliament may bind its successors with the possibility of courts stepping in to protect fundamental rights.


Which of the following is the single best statement regarding how parliamentary sovereignty applies to this scenario?

Introduction

Parliamentary sovereignty is the principle that Parliament holds the ultimate legal authority in the United Kingdom. It can enact, amend, or repeal any law, and no other body can overrule its legislation. This doctrine is central to the UK's constitutional framework, signifying that Parliament's legislative power is supreme. The core principles include the ability to legislate on any subject, the notion that no Parliament can bind a future one, and the understanding that courts cannot question the validity of its enactments.

Understanding Parliamentary Sovereignty

Parliamentary sovereignty grants Parliament unmatched legislative power within the UK. This authority has evolved over centuries through statutes and common law. The main principles are:

  1. Unlimited Legislation: Parliament can make or unmake any law on any matter.
  2. Non-Binding Successors: No Parliament can pass laws that future Parliaments cannot change.
  3. Judicial Non-Interference: Courts cannot declare an Act of Parliament invalid.

A.V. Dicey, a notable constitutional theorist, described it as Parliament's right to make or unmake any law, and that no person or body has the right to override or set aside its legislation.

Historically, events like the Glorious Revolution of 1688 and the Bill of Rights 1689 shifted power from the monarchy to Parliament. These developments solidified parliamentary sovereignty and shaped the constitutional framework.

The Legal Basis of Sovereignty

Parliamentary sovereignty rests on both common law and statutory law.

Common Law Basis

Courts have recognized Parliament's supreme legislative role through key cases:

  • Entick v Carrington (1765): Established that government officials need legal authority for their actions, emphasizing that only Parliament can grant such powers.
  • R (Jackson) v Attorney General (2005): Considered the validity of the Parliament Acts 1911 and 1949, highlighting discussions about the limits of parliamentary procedures.

These cases highlight how judicial decisions have affirmed Parliament's legislative supremacy.

Statutory Basis

Acts of Parliament are the highest form of law. For example:

  • European Communities Act 1972: Incorporated European Union law into UK law, showing Parliament's power to alter legal structures.
  • European Union (Withdrawal) Act 2018: Repealed the 1972 Act, demonstrating Parliament's authority to reverse previous legislation.

No court can question the validity of these Acts, reinforcing the legal basis of parliamentary sovereignty.

The Structure of Parliament

The UK Parliament is a bicameral legislature, consisting of two houses that work together to create laws.

The House of Commons

The House of Commons is the primary legislative chamber, made up of 650 Members of Parliament (MPs) elected by the public. Its main functions are:

  • Legislation: Debating and passing laws.
  • Scrutiny: Examining government policies and actions.
  • Representation: Advocating for the interests of constituents.

The House of Lords

The House of Lords reviews legislation passed by the Commons. It includes life peers, bishops, and some hereditary peers. Its functions include:

  • Revision: Suggesting amendments to legislation.
  • Informed Discussion: Providing knowledgeable debate on complex issues.
  • Delay: Temporarily delaying legislation to encourage further consideration, limited by the Parliament Acts.

Together, these houses ensure that legislation is thoroughly examined before becoming law.

Functions of Parliament Beyond Legislation

Parliament plays several key roles aside from making laws.

Government Oversight

Parliament holds the government to account through:

  • Question Time: MPs question ministers about their departments.
  • Select Committees: Groups investigate specific policy areas or issues.

Representation

MPs bring their constituents' concerns to the national stage, ensuring that diverse views are heard.

Financial Scrutiny

Parliament examines government spending and taxation:

  • Budget Approval: The government cannot raise taxes or spend public money without Parliament's consent.
  • Public Accounts Committee: Reviews how public funds are used.

Parliamentary Sovereignty and Brexit

The UK's relationship with the European Union affected the traditional concept of parliamentary sovereignty.

EU Membership

While a member of the EU, the UK accepted that EU law had precedence in certain areas. This was a voluntary limitation, as Parliament consented to it through the European Communities Act 1972.

Brexit's Impact

With the European Union (Withdrawal) Act 2018, Parliament reaffirmed its sovereignty by repealing the 1972 Act and regaining full legislative control. This move demonstrated Parliament's ultimate authority to determine the legal system.

Legal Clarifications

In R (Miller) v Secretary of State for Exiting the European Union (2017), the Supreme Court held that only Parliament could authorize the triggering of Article 50 to leave the EU. This case reinforced the necessity of parliamentary approval for major constitutional changes.

Contemporary Challenges to Sovereignty

Parliamentary sovereignty faces several modern challenges.

Devolution

Power has been transferred to devolved governments in Scotland, Wales, and Northern Ireland. They have authority over certain domestic matters. While Parliament retains the right to legislate on any issue, it generally does not overrule devolved powers without significant reason.

Human Rights Act 1998

This Act incorporates the European Convention on Human Rights into UK law. Courts can issue a "declaration of incompatibility" if an Act of Parliament conflicts with human rights obligations. Although Parliament is not compelled to amend the law, such declarations carry significant weight.

Judicial Review Expansion

Courts increasingly review the actions of public bodies to ensure legality and fairness. While they cannot overturn Acts of Parliament, they scrutinize how laws are applied, influencing government conduct.

Conclusion

The complexities of parliamentary sovereignty in the modern UK involve detailed interactions between legislative supremacy, judicial interpretation, and evolving constitutional arrangements. Challenges like devolution, human rights legislation, and judicial scrutiny emphasize the ongoing nature of sovereignty. Cases such as Entick v Carrington and R (Jackson) v Attorney General show how legal principles and historical developments shape our understanding of Parliament's authority. The bicameral structure of Parliament ensures comprehensive legislative review, but contemporary issues highlight the need to examine how sovereignty operates today. Understanding these complex interactions is key for appreciating the UK's constitutional framework, especially in the context of the SQE1 FLK1 exam.

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