5. The UK Parliament

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Constitutional Theory ◽  
Parliamentary Sovereignty ◽  
The Uk

This chapter focuses on three principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament. Second, it considers Parliament’s legislative role. Third, it examines Parliament’s powers. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.

Sovereignty, Devolution and the English Constitution

2018 ◽  
pp. 45-67
Author(s):  
Akash Paun
Keyword(s):  
Northern Ireland ◽  
Power Sharing ◽  
Theory And Practice ◽  
Constitutional Theory ◽  
Parliamentary Sovereignty ◽  
Form Of Government ◽  
Political Disaffection ◽  
Eu Referendum ◽  
The Uk ◽  
The Right

This chapter argues that the UK territorial constitution rests upon a profound ambiguity about its central principles. Parliamentary sovereignty remains at the core of how the English understand their constitution. Yet in Scotland, Wales and Northern Ireland, alternative doctrines have flourished, especially since devolution, which conceded the right of each nation to determine its own form of government (popular sovereignty) and established a non-majoritarian system of power-sharing and cross-border governance in (Northern) Ireland. These developments imply that the UK is a voluntary ‘family of nations’ not a unitary state. Yet Westminster has never formally conceded this point and devolution could in theory be reversed by a simple parliamentary majority. Constructive ambiguity has been retained. However, the historic tendency to allow constitutional theory and practice to diverge may be unsustainable in the light of the EU referendum result and the wider mood of English political disaffection that Brexit has tapped into.

6. The UK Parliament

Public Law ◽  
2020 ◽  
pp. 181-272
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Constitutional Theory ◽  
Parliamentary Sovereignty ◽  
The Uk

This chapter focuses on three principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament. Second, it considers Parliament’s legislative role. Third, it examines Parliament’s powers. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.

1. Introduction to constitutional law

2021 ◽  
pp. 1-8
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

23. European Union Law in the United Kingdom Courts

Public Law ◽  
2019 ◽  
pp. 835-868
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Eu Law ◽  
European Union Law ◽  
National Sovereignty ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Relationship

This chapter discusses the reception of Community (now EU law) in the UK courts, and in particular how UK courts reconciled the doctrine of supremacy with the doctrine of parliamentary sovereignty. The chapter will examine three ways in which the UK courts have attempted to reconcile these competing doctrines: by constructing national law in light of EU law; by disapplying conflicting national law; and by reasserting national sovereignty and threatening not to apply EU law automatically. Finally, the chapter will briefly re-visit the case of Miller in order to evaluate that case in light of earlier cases on the relationship between UK and EU law.

5. Parliamentary sovereignty

2019 ◽  
pp. 99-123
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘Parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament's legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament's legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

6. The relationship between EU and national law

2020 ◽  
pp. 154-178
Author(s):  
Sylvia de Mars
Keyword(s):  
National Court ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
Domestic Courts ◽  
The Uk ◽  
The Impact ◽  
The Relationship

This chapter focuses on the relationship between EU law and national law. It first explores the jurisprudence on what is known as the doctrine of supremacy of EU law of the Court of Justice of the European Union (CJEU). When a national court observes that a national law clashes with an EU law, they must set aside that national law. The EU legal order would not work without a doctrine like supremacy: not only would domestic courts not be compelled to apply EU law instead of conflicting national law, but it is likely that different domestic courts would take different decisions as to whether to apply EU law over national law in a given scenario. The chapter then considers how supremacy has been received in Germany and the UK, looking at how the German and UK legal orders interact with EU law. It then addresses whether ‘parliamentary sovereignty’ is compatible with EU membership, and examines the impact of Brexit on the supremacy of EU law.

Concentrate Questions and Answers Public Law

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Separation Of Powers ◽  
Freedom Of Expression ◽  
Public Law ◽  
Police Powers ◽  
Parliamentary Sovereignty ◽  
Wide Range ◽  
Questions And Answers ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.

The Changing Constitution

2019 ◽  
Keyword(s):  
Data Privacy ◽  
Separation Of Powers ◽  
Legal Protection ◽  
Parliamentary Sovereignty ◽  
Protection Of Human Rights ◽  
Ninth Edition ◽  
Key Issues ◽  
Constitutional System ◽  
The Uk ◽  
Key Aspects

Since its first edition in 1985, The Changing Constitution has provided analysis of the key issues surrounding the UK’s constitutional development, and debates around reform. The ninth edition of this volume is published at a time of constitutional turbulence, with Brexit putting pressure on key aspects of the UK’s unwritten constitutional system. Other aspects of the UK constitution are also in a state of flux, and continue to generate political and legal controversy: the legal protection of human rights, understanding of parliamentary sovereignty and the rule of law, separation of powers, restructuring of the system of justice, the regulation of access to information and data privacy, and pressures for increased devolution to Scotland, Wales and Northern Ireland. These issues and more are covered in this latest edition of one of the UK’s leading texts on the constitution, which includes contributions from a range of leading public law scholars.

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