Sovereignty in the UK Political System (Edexcel A Level Politics): Revision Note

Legal versus political sovereignty

• Whilst sovereignty refers to the supreme political authority in a political system, it can be broken down into legal sovereignty and political sovereignty

Legal sovereignty

• Refers to where the law says ultimate political authority resides within a state

  • In the UK, legal sovereignty resides in Parliament

  • Parliament can make and unmake law on any topic

  • Parliament cannot be overridden by any higher authority

Political sovereignty

• Refers to where power lies in practice, beyond legal theories

  • Focuses on who can actively exercise political power

• In the UK, a range of institutions may claim political sovereignty, including:

  • Devolved assemblies

  • Elected mayors

  • Other political bodies

Sovereignty and different branches of government

• Whilst Parliament in the UK is legally sovereign, there are debates over whether political sovereignty always lies with Parliament, or whether other branches are able to exercise political sovereignty

Debate 1

Parliamentary sovereignty is now exercised by the executive

• The executive controls the parliamentary timetable and legislative agenda

• The executive usually commands a majority in the House of Commons

• This majority can be enforced through the whip system

• The executive can overcome challenges from the House of Lords using:

  • Parliament Acts 1911 and 1949

  • The Salisbury Convention

However:

• Backbench power has increased since 2010

• Greater use of urgent questions

• Creation of the Backbench Business Committee

  • A cross-party committee of MPs that decides when time is given in the House of Commons for debates chosen by backbench MPs, rather than by the government

Debate 2

Parliamentary sovereignty is now exercised by the courts

• The creation of the Supreme Court in the Constitutional Reform Act 2005 has led to:

  • Increased judicial review

  • More frequent challenges to government action

• The courts have become a more reliable check on government

However:

• In Miller v Brexit Secretary (2017) and Miller v PM (2019), the Supreme Court upheld the sovereignty of Parliament over the executive

• Nonetheless, the need for Supreme Court intervention raises questions over the sovereignty of Parliament

Debate 3

Parliamentary sovereignty is now exercised by devolved bodies

• The creation of the Scottish and Welsh Parliaments

• The reopening of the Northern Ireland Assembly at Stormont

• The creation of elected mayors

• Increasing political power located outside Westminster

• These bodies can claim a democratic mandate, as they are elected

However:

• Parliament retains supremacy

  • Demonstrated by vetoing the Scottish Gender Recognition Act

• Turnout is often higher in parliamentary elections than devolved elections

  • This arguably gives Parliament a stronger mandate

Debate 4

Parliamentary sovereignty is now exercised by the people

• Increased use of referendums

  • Referendums have become a constitutionally expected convention for major constitutional reform

• This places policy-making decisions in the hands of the people

However:

• Referendums are not legally binding

• They can only be called by Parliament

• This underpins parliamentary sovereignty rather than undermining it

Where does sovereignty lie?

• Whilst there is debate over the movement of sovereignty between branches, it remains difficult to pinpoint exactly where sovereignty in the UK lies, particularly political sovereignty

1. Sovereignty may lie in the executive

• Due to prerogative powers such as:

  • Treaty making

  • Prorogation

• Allows the executive to act without parliamentary approval

• Bypasses legislative scrutiny

2. Sovereignty may lie in the Supreme Court

• Through interpretation of statutes

• Through constraining executive action

• Effectively shapes public policy

This raises concerns

• Judges are unelected

• There are relatively few checks on judicial power

3. Sovereignty may lie in international treaties and agreements

• International treaties bind future UK governments

• UK policy-making must operate within these frameworks

• Exiting treaties is difficult and time-consuming

  • As demonstrated by Brexit

4. Sovereignty may lie in devolved bodies

• Devolved institutions have primary legislative power over large policy areas

• Policy differences now exist across the UK

This creates challenges:

• The West Lothian Question

• Further tension over parliamentary sovereignty

5.Sovereignty may lie in international organisations

• UK obligations to organisations such as:

  • NATO

  • The United Nations

  • The Council of Europe

• Membership places constraints on UK action

• Particularly regarding human rights protection

6. Sovereignty may lie in the people

• Power exercised through:

  • Elections

  • Referendums

  • Recall elections

  • Petitions

  • Media pressure

• Public opinion has led to government U-turns

  • For example, Starmer’s two-child benefit cap

Overall judgement on sovereignty in the UK

• Ultimately, sovereignty in the UK today is flexible and shared

  • Parliamentary sovereignty remains the core location of sovereignty

  • Parliament remains the home of legal sovereignty

  • Political sovereignty is more negotiated and dispersed