detailed notes on the area of the edexcel specification which covers the location of sovereignty in the UK political system:
• The distinction between legal sovereignty and political sovereignty.
• The extent to which sovereignty has moved between different branches of government.
• Where...
4.4 the location of sovereignty in the UK political system
Legal sovereignty
Represents the right of parliament to enact legislation which has absolute authority &
cannot be overturned by another body.
Political sovereignty
Individuals, groups, or institutions that exercise sovereignty in practice.
Governing party, cabinet & PM dominance over parliament.
Popular sovereignty
Rests with the electorate – votes in referendums & elections, the outcomes of which are in
practice binding on parliament. EU referendum – e.g. of sovereign will of the people
conflicting with that of parliament.
Devolved sovereignty
Parliament agrees for other bodies/institutions to take decisions. Devolved powers can be
taken. Back by parliament later.
The extent to which sovereignty has moved between branches –
Referendums
Since Blair election 1997 – precedent established that referendums are called to
determine public opinion on important constitutional questions like Scottish
independence & EU membership. Referendums not legally binding as the questions
have been only advisory.
However, it would be constitutionally improbable for govt to ignore result.
Referendums demonstrate a transfer of authority from the people’s representatives
in parliament to the public via direct democracy.
- Most controversially occurred in 2016 when public voted to leave EU, although it
is estimated that 73% of MPs opposed brexit, in 2017 HoC consequently voted to
allow the govt to open negotiations to leave the EU.
Devolution
In theory, westminster didn’t lose its sovereign power when it devolved certain
domestic powers to S, W & NI. Westminster parliament could legally reclaim those
powers. This occurred in Northern Ireland from 2002-07 & 2017-2020. Ongoing
difficulties in power sharing provoked by brexit make it possible that this could
happen again.
However, to do this for Scotland & Wales would be harder as both govts can claim
popular legitimacy. Also, Scotland Act 2016 & Wales Act 2017 recognise permanence
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller zahrayousaf. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.96. You're not tied to anything after your purchase.
