The Current State of Parliamentary Sovereignty in the UK
The extent to which the UK Parliament remains sovereign is a matter of ongoing debate. There are arguments for both the retention and erosion of parliamentary sovereignty:
Arguments for retained sovereignty:
- No formal challenge to Parliament's legal sovereignty has occurred
- The UK's departure from the EU has restored full parliamentary sovereignty in areas previously governed by EU law
- Devolution can theoretically be reversed by the government
Highlight: The UK's exit from the European Union has been seen as a reassertion of parliamentary sovereignty in areas previously subject to EU legislation.
Arguments for threatened sovereignty:
- Devolution has created a quasi-federal system, with devolved powers unlikely to be returned to Parliament
- The increased use of referendums has made it politically unthinkable for Parliament to defy the will of the people on major issues
Vocabulary: Quasi-federalism refers to a system where some federal-like arrangements exist, but without a formal federal structure.
Example: While Parliament retains the legal right to revoke devolved powers, doing so would likely provoke a constitutional crisis and face strong political opposition.
The reality of parliamentary sovereignty in the modern UK is thus a balance between legal theory and political practice. While Parliament's legal sovereignty remains intact, its practical exercise of power is constrained by political realities, public opinion, and the established nature of devolved governance.