IGNOUMATIC

Parliamentary sovereignty, also known as parliamentary supremacy, is a fundamental principle of the British constitutional system, which holds that Parliament is the supreme legal authority, and its enactments are binding and cannot be overruled by any other body, including the judiciary. This concept originated in England and has been a cornerstone of the British constitutional framework for centuries. However, the notion of parliamentary sovereignty has evolved over time and is subject to certain limitations, including judicial review.

 Concept of Parliamentary Sovereignty:

1. Supremacy of Parliament: Parliamentary sovereignty asserts that Parliament, as the supreme legislative body, has the authority to make and unmake laws without constraint. This means that no other institution, including the executive or judiciary, can override or invalidate legislation enacted by Parliament.

2. Legislative Primacy: Parliament’s legislative authority is not subject to any external authority or higher law. It has the power to enact laws on any subject matter within its legislative competence, and these laws are considered binding and supreme until Parliament decides otherwise.

3. Historical Development: The concept of parliamentary sovereignty emerged in England during the seventeenth century, particularly during the reign of the Stuart monarchs. The Glorious Revolution of 1688 and the enactment of the Bill of Rights affirmed Parliament’s supremacy over the monarchy and laid the foundation for modern parliamentary democracy.

 Limitations and Challenges:

1. Constitutional Constraints: While Parliament is considered sovereign, its powers are not absolute. Constitutional conventions, statutes, and international obligations may limit parliamentary authority. For example, the Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law, allowing the judiciary to strike down laws incompatible with human rights.

2. European Union Membership: The UK’s membership in the European Union (EU) introduced another layer of complexity to parliamentary sovereignty. EU law, including decisions of the European Court of Justice, superseded conflicting domestic legislation, raising questions about the extent of parliamentary sovereignty within the EU framework.

 Judicial Review and Parliamentary Sovereignty:

1. Role of the Judiciary: Judicial review is the process by which courts review the legality of governmental actions, including legislation, to ensure they comply with the constitution and the rule of law. In the UK, courts have the authority to interpret statutes and determine their compatibility with constitutional principles and fundamental rights.

2. Limits on Parliamentary Sovereignty: The doctrine of parliamentary sovereignty does not mean that Parliament is immune from judicial scrutiny. Courts have the power to declare laws invalid if they are found to be unconstitutional or ultra vires (beyond Parliament’s legislative competence).

3. Case Law Precedents: Landmark cases such as R (Miller) v Secretary of State for Exiting the European Union (2017) and R (Jackson) v Attorney General (2005) have affirmed the judiciary’s authority to review acts of Parliament and invalidate them if they contravene constitutional norms or principles.

 Contemporary Debates and Challenges:

1. Brexit and Sovereignty: The UK’s decision to leave the EU, as expressed in the Brexit referendum of 2016, raised questions about parliamentary sovereignty. The Supreme Court’s ruling in the Miller case affirmed that Parliament must authorize the triggering of Article 50, highlighting the role of judicial review in scrutinizing executive action.

2. Human Rights and Judicial Activism: The incorporation of the European Convention on Human Rights into UK law has empowered courts to review legislation for compliance with human rights standards. This has led to debates about the appropriate balance between parliamentary sovereignty and judicial activism in protecting individual rights.

 Conclusion:

In conclusion, parliamentary sovereignty is a foundational principle of the British constitutional system, asserting Parliament’s supreme authority to enact laws without constraint. However, this principle is not absolute and is subject to constitutional limitations, including judicial review. While Parliament retains its legislative primacy, the judiciary plays a crucial role in upholding the rule of law, protecting constitutional rights, and ensuring that legislative actions comply with constitutional norms and principles. The relationship between parliamentary sovereignty and judicial review is complex and dynamic, reflecting the evolving nature of the British constitutional framework and the ongoing tension between legislative supremacy and the rule of law.