location of sovereignty moved

• Argument 1: Devolution – Sovereignty has moved geographically to devolved bodies -> Since the 1998 devolution acts, power has been transferred to Scotland, Wales, and Northern Ireland. -> The Scottish Government’s Gender Recognition Reform Bill (2022) was passed by Holyrood, but blocked by Westminster under Section 35 of the Scotland Act. -> Shows that devolved parliaments now exercise significant day-to-day power — even if legally subordinate, sovereignty in practice has become fragmented. Parliament is sovereign in law but often constrained by devolved expectations.
• argument 2: Executive Dominance – Sovereignty has moved from Parliament to Government -> In recent years, especially under majority governments, the executive dominates the legislative process, bypassing parliamentary scrutiny. -> Retained EU Law (Revocation and Reform) Act 2023 allows ministers to repeal thousands of EU-era laws via secondary legislation. -> Although sovereignty returned from the EU post-Brexit, it largely shifted to the executive, not Parliament — undermining democratic legitimacy. -> Highlights issues of executive dominance, where Parliament’s theoretical sovereignty is weakened in practice.
• argument 3: Courts – Sovereignty increasingly shaped by the judiciary -> Post-HRA 1998, courts gained more power to interpret laws in line with rights, often checking government decisions. ->  Miller II (2019) – Supreme Court ruled Boris Johnson’s prorogation of Parliament unlawful. ->Judiciary now acts as a constitutional referee, limiting how and when the executive and Parliament can act — shifting influence over sovereignty to unelected judges. -> Ties into debates about judicial activism and whether judges are now too influential in politics, challenging parliamentary supremacy.
• counter argument 1: Legal Sovereignty Remains with Parliament -> Under the UK’s uncodified constitution, Parliament can still make or unmake any law. -> The Scotland Act 1998 gives Holyrood power, but Westminster can still legally override or abolish it (as shown in the Gender Bill veto). -> Although sovereignty may seem diffused, ultimate constitutional power remains with Westminster. -> Reflects the strength of parliamentary sovereignty in theory, even within a complex political system.
• counter argument 2: Brexit Reaffirmed Parliamentary Sovereignty -> Leaving the EU restored the UK Parliament’s ability to legislate freely, without the supremacy of EU law. ->  European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972, ending the legal supremacy of EU institutions. -> This was a constitutional moment where Parliament reasserted its sovereignty over supranational law, showing control still lies with Westminster -> Ties into debates on referendums vs representative democracy, but ultimately Parliament delivered Brexit and regained legislative authority.
• counter argument 3: Courts Cannot Strike Down Acts of Parliament -> Unlike in the US, UK courts cannot overturn primary legislation — even if incompatible with human rights. -> In Belmarsh case (2004), courts declared a detention law incompatible with the HRA — but did not overturn it. -> Confirms that the UK Parliament remains legally supreme — judicial power is interpretative, not sovereign. -> Reinforces the UK’s constitutional model of parliamentary supremacy, despite rising judicial influence.