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Exploring the principle of parliamentary sovereignty in the UK, this overview examines its origins, development, and the balance of power between Parliament, the judiciary, and the monarchy. It also discusses the impact of devolution and the EU on UK sovereignty, highlighting the dynamic nature of this constitutional cornerstone.
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Parliamentary sovereignty is the principle that the UK Parliament is the supreme legal authority capable of enacting, amending, or repealing any law
Magna Carta of 1215
The Magna Carta established the principle that the king could not levy taxes without the consent of his royal council, influencing the development of parliamentary power
English Civil War and Glorious Revolution
The English Civil War and Glorious Revolution shifted the balance of power from the monarchy to Parliament, solidifying its authority over the monarchy
Royal assent is the final step for a bill to become law in the UK, signifying the monarch's formal approval, although it is now largely ceremonial
The separation of powers in the UK's political system is not absolute, as the executive is drawn from the legislature and the judiciary has limited power to challenge parliamentary legislation
The judiciary can review executive actions and declare parliamentary acts incompatible with the European Convention on Human Rights, prompting Parliament to reconsider the legislation
The principle of parliamentary sovereignty is politically constrained by the electorate, as governments must maintain the confidence of the House of Commons to stay in power
Devolution has introduced a new dimension to parliamentary sovereignty, with Scotland, Wales, and Northern Ireland now possessing their own legislatures for certain domestic issues
The UK's membership in the European Union introduced a layer of supranational law, which had primacy over national law
Following the Brexit referendum and the subsequent European Union (Withdrawal) Act 2018, the UK has reclaimed legislative autonomy, and EU law is no longer supreme over UK legislation
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Legal authority of UK Parliament
UK Parliament can enact, amend, or repeal any law, supreme over all other bodies.
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Codification of UK's parliamentary sovereignty
Not formally codified; based on conventions and historical legal events.
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Limitation on Parliament's legislative power
No law can be passed that future Parliaments cannot change, ensuring legislative flexibility.
