Explain the limitations on parliamentary supremacy
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Parliamentary supremacy, also known as parliamentary sovereignty, is a fundamental principle of the country's constitutional framework. It refers to the notion that Parliament is the supreme legal authority, and its laws have ultimate authority and cannot be overridden by any other institution, including the judiciary or the executive branch. Parliament holds the power to make, amend, or repeal laws without external constraints. The laws enacted by Parliament are binding on all individuals, organisations, and government bodies. Parliament's authority is not limited by a written constitution or a higher legal authority, giving it broad legislative powers. Nevertheless, there are important limitations on parliamentary supremacy in the UK:
Devolution: The establishment of devolved legislatures in Scotland, Wales, and Northern Ireland has limited the scope of parliamentary supremacy in certain areas. These devolved bodies have the power to create laws within their specific jurisdictions, granting them legislative autonomy. While Westminster retains ultimate authority, it often defers to the decisions and legislation of the devolved bodies in matters within their legislative competence.
Human Rights Act 1998: The Human Rights Act incorporates the European Convention on Human Rights (ECHR) into UK law. This act requires that UK courts interpret legislation in a manner compatible with the rights and freedoms enshrined in the ECHR. If a UK court finds that an Act of Parliament is incompatible with the ECHR, it can issue a declaration of incompatibility, signalling the need for Parliament to consider amending the legislation. However, Parliament retains the authority to decide whether to amend or retain the legislation, even if it has been declared incompatible.
EU membership and European Communities Act 1972: During the UK's membership in the European Union, EU law held supremacy over domestic legislation. The European Communities Act 1972 provided for the incorporation of EU law into UK law and required UK courts to apply EU law. However, with the UK's withdrawal from the EU, EU law no longer has automatic supremacy over domestic law. Parliament now has the authority to amend or repeal EU-derived legislation as it sees fit.
Judicial review: While parliamentary legislation cannot be declared invalid by the courts, judicial review allows the judiciary to scrutinise the lawfulness and compatibility of government actions, decisions, and legislation with statutory and constitutional principles. If a court finds that a decision or action is ultra vires (beyond the legal powers) or incompatible with fundamental rights, it can strike it down or declare it unlawful, as in R v Attorney General (2005). However, this power is limited to assessing the legality of actions rather than overturning legislation itself.
Political constraints and conventions: Parliamentary supremacy is also subject to political constraints and constitutional conventions. The practical exercise of legislative power by Parliament is influenced by political considerations, public opinion, and the need for democratic legitimacy. Constitutional conventions, while not legally enforceable, guide the conduct and exercise of powers by political actors and provide limitations on the exercise of parliamentary sovereignty.
The limitations on parliamentary supremacy in the UK context have evolved over time and can be subject to change. Constitutional reforms, legal developments, and shifts in political dynamics may shape the balance of power between Parliament and other institutions, as well as the scope of parliamentary authority in practice.
Devolution: The establishment of devolved legislatures in Scotland, Wales, and Northern Ireland has limited the scope of parliamentary supremacy in certain areas. These devolved bodies have the power to create laws within their specific jurisdictions, granting them legislative autonomy. While Westminster retains ultimate authority, it often defers to the decisions and legislation of the devolved bodies in matters within their legislative competence.
Human Rights Act 1998: The Human Rights Act incorporates the European Convention on Human Rights (ECHR) into UK law. This act requires that UK courts interpret legislation in a manner compatible with the rights and freedoms enshrined in the ECHR. If a UK court finds that an Act of Parliament is incompatible with the ECHR, it can issue a declaration of incompatibility, signalling the need for Parliament to consider amending the legislation. However, Parliament retains the authority to decide whether to amend or retain the legislation, even if it has been declared incompatible.
EU membership and European Communities Act 1972: During the UK's membership in the European Union, EU law held supremacy over domestic legislation. The European Communities Act 1972 provided for the incorporation of EU law into UK law and required UK courts to apply EU law. However, with the UK's withdrawal from the EU, EU law no longer has automatic supremacy over domestic law. Parliament now has the authority to amend or repeal EU-derived legislation as it sees fit.
Judicial review: While parliamentary legislation cannot be declared invalid by the courts, judicial review allows the judiciary to scrutinise the lawfulness and compatibility of government actions, decisions, and legislation with statutory and constitutional principles. If a court finds that a decision or action is ultra vires (beyond the legal powers) or incompatible with fundamental rights, it can strike it down or declare it unlawful, as in R v Attorney General (2005). However, this power is limited to assessing the legality of actions rather than overturning legislation itself.
Political constraints and conventions: Parliamentary supremacy is also subject to political constraints and constitutional conventions. The practical exercise of legislative power by Parliament is influenced by political considerations, public opinion, and the need for democratic legitimacy. Constitutional conventions, while not legally enforceable, guide the conduct and exercise of powers by political actors and provide limitations on the exercise of parliamentary sovereignty.
The limitations on parliamentary supremacy in the UK context have evolved over time and can be subject to change. Constitutional reforms, legal developments, and shifts in political dynamics may shape the balance of power between Parliament and other institutions, as well as the scope of parliamentary authority in practice.
