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Parliamentary sovereignty
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Lecture notes of 4 pages for the course Public Law at UoP (class notes)
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Public law week 4- Parliamentary means pertaining to or flowing from parliament (the institution)
- Sovereignty means supreme power or authority
Parliamentary sovereignty: an introduction
- As we have seen, in countries with a codified/ written constitution, the written codified/
constitution of that country provide supreme legislative and executive authority (e.g. the
USA)
- All legislative (i.e. law-making) and executive (i.e. governmental) acts must comply with what
is said in the written/codified constitution
- In such countries, the unwritten/codified constitution is top of the mountain in terms of
power and authority nothing is higher than it
- However, as we also know the UK has no written/codified constitution
- So the central point from which all constitutional authority in the UK must derive/originate
must lie somewhere else
- Thee highest point of the UK constitution is the UK parliament
- The doctrine of parliamentary sovereignty is often described as the cornerstone, o9r
ultimate principle, of the UK constitution #
- It governs and sets out the relationship Parliament has with the executive and judiciary,
underpins most other constitutional rules, and governs the way other institutions of the
state behave
Parliamentary sovereignty: background
- To start our investigation of Parliamentary Sovereignty, it is first useful to consider its
historical background and context
- Particularly, it is important to note that parliament has not always existed
- Historically, supreme authority in the UK rested with the monarchy
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