location of sovereignty

• What does sovereignty mean?

  Ultimate, indivisible power
• What can a sovereign body do with its power?

  Delegate power but reclaim it
• What is required for sovereignty transfer in a democracy?

  Popular consent, often via referendums
• What is a core principle of the UK constitution?

  Parliamentary sovereignty
• What can Parliament do regarding laws?

  Make or unmake any law
• Can one Parliament bind future Parliaments?

  No, it cannot
• What is the role of UK courts concerning Acts of Parliament?

  They cannot overrule Acts of Parliament
• What does legal sovereignty refer to?

  Formal constitutional authority
• Where does legal sovereignty lie in the UK?

  With Parliament
• What does political sovereignty refer to?

  Where power lies in practice
• Who is often seen as holding political sovereignty?

  The electorate
• How is Parliament politically constrained?

  By public opinion, devolved governments, and courts
• What are key influences on political sovereignty?

  Referendums, devolution, and court limitations
• What do referendums suggest about sovereignty?

  People hold sovereignty at key moments
• What has devolution done to political sovereignty?

  Shifted real power to Scotland, Wales, and Northern Ireland
• How do courts limit Parliament's ability to act?

  By interpreting laws and rights
• What can inaction by Parliament lead to?

  Political irreversibility of certain laws or rights
• What did Brexit restore regarding sovereignty?

  Legal sovereignty from the EU back to Parliament
• How is sovereignty described today?

  Fragmented and context-dependent
• What is functional sovereignty?

  Different bodies are sovereign in different areas
• Where does Parliament remain sovereign?

  Legal supremacy upheld by courts
• What ended EU legal supremacy?

  Brexit
• Is Parliament bound by the ECHR?

  No, but constrained politically
• Can Parliament legally reverse devolution?

  Yes, though politically unlikely
• What did the Supreme Court rule in 2022 regarding Scotland?

  Scotland cannot hold an independence referendum without UK consent
• How does executive dominance challenge parliamentary sovereignty?

  Strong mandates shift power from Parliament
• What impact does devolution have on Parliament's power?

  Creates a quasi-federal UK, unlikely to reverse
• How do referendums affect Parliament's political freedom?

  They constrain Parliament's political freedom
• What is the influence of ECHR on domestic expectations?

  It is increasingly entrenched
• What are the arguments in the debate about Parliament's sovereignty?

  Yes (Legal Sovereignty Retained):

  • No constitutional challenge to legal authority
  • Brexit restored law-making supremacy
  • Courts uphold parliamentary supremacy
  • Parliament can revoke devolution legally

  
  

  No (Political Sovereignty Eroded):

  • Devolution creates lasting power-sharing
  • Referendums limit Parliament’s political freedom
  • Executive dominates with electoral mandate
  • Human rights law constrains practical authority