Recent developments / constiutional issues

• What has decreased the sovereignty of parliament in recent decades?

  Developments such as EU membership and devolution
• How did EU membership affect UK parliamentary sovereignty?

  EU law was considered 'higher law'
• What power did the European Court of Justice have over UK laws?

  It could strike down laws passed by parliament
• What is the impact of devolution on UK law-making bodies?

  It introduced other key law-making bodies
• Can the UK parliament abolish devolved bodies?

  Yes, but it is politically unlikely
• What power does the Human Rights Act give judges?

  To review and declare legislation incompatible
• What is the political feasibility of reversing the Human Rights Act?

  It is nearly politically impossible
• What argument exists regarding the reversal of devolution?

  It may not be reversible legally
• Who is Vernon Bogdanor?

  An expert on the UK constitution
• What did Vernon Bogdanor say about parliamentary sovereignty?

  It remains 'in form but in substance'
• What does Bogdanor imply about parliamentary sovereignty in practice?

  It is no longer the governing principle
• 2019 prorogation court case

  • Boris prorogued parliament
  • Johnson and the government argued that the prorogation was a routine oe that ordinarily follows the selection of a new prime minster.
  • But critics argued that the prorogation was intended to avoid parliamentary scrutiny of the government's brexit plans and to make it harder for parliament to block a no-deal brexit
  • Supreme court ruled it was unlawful
  • Arguably introduced/semi-codified a new key constitutional principle as part of parliamentary sovereignty; the accountabilty of the exectuvie of parliament.