Parliamentary sovereignty, also known as parliamentary supremacy, is the principle that the legislative branch of government, namely Parliament in the United Kingdom, is the supreme legal authority. This means that Parliament has the power to make and unmake any law, and its laws are supreme and cannot be overruled by any other legal body, including the courts. This principle is based on the idea that the will of the people, as expressed through their elected representatives in Parliament, should be the ultimate source of authority in the country.
Under parliamentary sovereignty, Parliament can pass any law it wishes and has the power to amend or repeal any existing law. The judiciary must apply and interpret the laws passed by Parliament, even if they disagree with them. Parliament also has the power to change the constitution, including the power to abolish the monarchy or change the electoral system.
Parliamentary sovereignty is a key aspect of the United Kingdom's constitutional system, and it is often considered to be one of the defining features of the country's political system. However, this principle has been subject to increasing challenges in recent years, particularly from the European Union, which has its own legal system and laws that take precedence over those of individual member states, including the UK.
In conclusion, parliamentary sovereignty is the principle that the legislative branch of government, namely Parliament, is the supreme legal authority in the UK and its laws are supreme and cannot be overruled by any other legal body, including the courts, and that the will of the people, as expressed through their elected representatives, should be the ultimate source of authority in the country.
You can learn more about this topic and relevant case law with our Public Law notes.
