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According to British constitutional theory Parliament is sovereign. How far is this really the case in the UK today?

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Introduction

AS Politics According to British constitutional theory Parliament is sovereign. How far is this really the case in the UK today? Parliamentary sovereignty suggests that parliament has all the power within a state, so to say that it is above all other institutions. I feel that, constitutionally, the answer is clear; parliament is sovereign, since it is the only institution elected by the people, the people's representative. There are many aspects of parliamentary sovereignty that can justify why it is in fact sovereign, such as the executive is fused with the legislature since members of the government are traditionally members of either house of parliament. Also the government gets legitimacy for its actions from its majority in the House of Commons whilst at the same time one of the functions of parliament is to make the executive accountable or answerable at the very least for its decisions and policies. ...read more.

Middle

require an act of parliament to make it legal, for example, John Major's government signed the 1991 Maastricht Treaty but then had a lot of trouble getting it through parliament, mainly due to the persistence of the Conservative backbenchers. And, no UK institution has the power or authority to make laws or overrule the laws made by parliament. As the majority party in the Commons the government controls most of the business of parliament. Also, traditionally, a vote of no-confidence results in the resignation of a government. Over the past years, there have been laws inflicted by parliament which limit the amount of power they have. These developments have been such as the devolution of both the Scottish parliament and Welsh assembly. ...read more.

Conclusion

In some areas the EU's impact is negligible such as, for example education. But although the EU does not have actual control over some policy areas they can be very influential towards policies involving the economy or immigration for example. But in other areas, and these are the ones which weaken parliaments sovereignty, they have complete jurisdiction and its laws are superior to that of the UK's, laws involving trade or employment regulations etc. The UK courts must carry out EU laws; the highest court in the EU is the EU Court of Justice, and not the UK's Supreme Court. The involvement of the EU and it influence upon parliament suggests a pooled sovereignty as parliament cannot pass any law that contradicts with EU law. Taking this into account though, parliament may withdraw from the EU at any point so in the end, parliament does have sovereignty. ?? ?? ?? ?? N. Wilde ...read more.

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