Parliament of The United Kingdom - Sovereignty

Sovereignty

Several different views have been taken of Parliament's sovereignty. According to the jurist Sir William Blackstone, "It has sovereign and uncontrollable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal ... it can, in short, do every thing that is not naturally impossible."

A different view has been taken by the Scottish judge Lord Cooper of Culross. When he decided the 1953 case of MacCormick v. Lord Advocate as Lord President of the Court of Session, he stated, "The principle of unlimited sovereignty of Parliament is a distinctively English principle and has no counterpart in Scottish constitutional law." He continued, "Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament, I have difficulty in seeing why the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish." Nevertheless, he did not give a conclusive opinion on the subject.

Thus, the question of Parliamentary sovereignty appears to remain unresolved. Parliament has not passed any Act defining its own sovereignty. A related possible limitation on Parliament relates to the Scottish legal system and Presbyterian faith, preservation of which were Scottish preconditions to the creation of the unified Parliament. Since the Parliament of the United Kingdom was set up in reliance on these promises, it may be that it has no power to make laws that break them.

Parliament's power has often been eroded by its own Acts. Acts passed in 1921 and 1925 granted the Church of Scotland complete independence in ecclesiastical matters. More recently, its power has been restricted by membership of the European Union, which has the power to make laws enforceable in each member state. In the Factortame case, the European Court of Justice ruled that British courts could have powers to overturn British legislation contravening European law.

Parliament has also created national devolved parliaments and assemblies with differing degrees of legislative authority in Scotland, Wales and Northern Ireland. Parliament still has the power over areas for which responsibility lies with the devolved institutions, but would gain the agreement of those institutions to act on their behalf. Similarly, it has granted the power to make regulations to Ministers of the Crown, and the power to enact religious legislation to the General Synod of the Church of England. (Measures of the General Synod and, in some cases proposed statutory instruments made by ministers, must be approved by both Houses before they become law.)

In every case aforementioned, authority has been conceded by Act of Parliament and may be taken back in the same manner. It is entirely within the authority of Parliament, for example, to abolish the devolved governments in Scotland, Wales and Northern Ireland or to leave the EU. However, Parliament also revoked its legislative competence over Australia and Canada with the Australia and Canada Acts: although the Parliament of the United Kingdom could pass an Act reversing its action, it would not take effect in Australia or Canada as the competence of the Imperial Parliament is no longer recognised there in law.

One well-recognised exception to Parliament's power involves binding future Parliaments. No Act of Parliament may be made secure from amendment or repeal by a future Parliament. For example, although the Act of Union 1800 states that the Kingdoms of Great Britain and Ireland are to be united "forever", Parliament permitted southern Ireland to leave the United Kingdom in 1922.