Parliamentary Sovereignty and the royal prerogative

• What does parl sovereignty mean?

  Parliament is the supreme law-making body and the top political authority in the state
• What was P.S established in?

  Article 9 of the Bill of Rights
• What factors have had an effect on P.S?

  • Devolution
  • Brexit
  • The Human Rights Act and the ECHR
• What were the facts of the Miller 1 case?


  The legal issues in this case concerns the steps required before the process of leaving the EU can be initiated as well as the extent of ministers’ power to effect changes in domestic law through prerogative powers and the effect leaving the EU would have on the devolved nations
• What key features of Parliamentary sovereignty were outlines in the judgment?

  Parliament has “the right to make or unmake any law whatsoever; and further, no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament”
• What did Pickin v British Railways Board [1974] AC 765 establish?

  That 'the function of the court is to construe and apply the enactments of Parliament … The court has no concern with the manner in which Parliament or its officers carrying out its Standing Orders perform these functions’
• What key rules does Parliamentary Sovereignty emobdy?

  • Parliament is sovereign
  • Parliament has the power to make, amend and repeal laws and defines what is an Act of Parliament
  • Parliament can prospectively or retrospectively change common law
  • Acts of Parliament can be contrary to international law, human rights
  • Acts of Parliament can exclude the jurisdiction of a court
• What has changed parliamentary sovereignty?


  • The E.U and the European Communities Act 1972
  • Brexit
  • Devolution
  • The Human Rights Act and the ECHR
  • Globalisation