Cecily Zamora
The concept of sovereignty is one of the most controversial ideas in political science and international law. It is closely related to the difficult concepts of the state and government. A sovereign power has absolute sovereignty when it is not restricted by a constitution, the laws of its predecessors, or by custom, and no areas of law or policy are outside its control. Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. In Australia, for example, the idea of parliamentary sovereignty must be understood in the context of the limits imposed by the federal Constitution and, to some extent, by the State Constitutions. In the United States, the Constitution imposes important restrictions on the national legislature, and sovereignty is vested in the states or the people, who retain all powers not delegated by the Constitution. Thus, where laws are not sovereign, there is no constitution.
| Characteristics | Values |
|---|---|
| Definition of sovereignty | "Ultimate overseer, or authority, in the decision-making process of the state and in the maintenance of order" |
| "The people are the legitimate sovereign" | |
| "The legislative body has absolute sovereignty and is supreme over all other government institutions" | |
| "The legislative body may change or repeal any previous legislation and so it is not bound by written law" | |
| "A sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that is common to all nations" | |
| "International law prescribes the limits of the occupant's power" | |
| "A constitution consists of a set of norms (rules, principles or values) creating, structuring, and possibly defining the limits of, government power or authority" | |
| "All states have constitutions and are constitutional states" | |
| "Public sovereignty in modern governments is a lot more common with examples like the US, Canada, Australia and India" | |
| "Israel has many features of parliamentary sovereignty, including fusion of powers, a unicameral legislature, and no written constitution" |
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What You'll Learn
- A constitution is a set of norms (rules, principles, values) that define a government's power or authority
- The US Constitution is the 'supreme law' of the US, unlike the UK's
- The UK constitution is spread over several documents, making it harder to decipher
- The US Constitution divides government power into three branches with checks and balances
- The UK's parliamentary sovereignty means Parliament can make or unmake any law
A constitution is a set of norms (rules, principles, values) that define a government's power or authority
A constitution is a set of norms, rules, principles, or values that establish and define the limits of a government's power or authority. It is a framework that outlines the fundamental principles and guidelines that a government must follow.
The concept of sovereignty is closely tied to the idea of constitutionalism. Sovereignty refers to the ultimate authority or power in a state, and it can be held by a person, a group of people, or the people as a whole in a democracy. In the case of parliamentary sovereignty, the legislative body holds absolute power and is not bound by written law or even a constitution in some cases. This is exemplified in the UK, where Parliament is considered supreme and constitutionally unlimited. However, in constitutional democracies like the US, Canada, Mexico, and Germany, the powers of the government are legally limited by a constitution.
The relationship between sovereignty and constitutionalism is complex. On the one hand, some theorists argue for constitutionally unlimited sovereignty, where the sovereign power is not restricted by a constitution or any other laws. This can lead to what has been termed "elective dictatorship" or "modern autocracy". On the other hand, thinkers like John Locke and Jean-Jacques Rousseau developed the doctrine of popular sovereignty, where sovereignty resides with the people, and the state is based on a social contract between its citizens. This concept is reflected in democratic governments, where the power is vested in the people, who can elect representatives to make and enforce laws on their behalf.
The idea of parliamentary sovereignty must be understood within the context of constitutional constraints, especially in federal systems like Australia. While the Commonwealth Parliament in Australia can make and unmake laws, its power is limited to specific subjects outlined in the federal constitution. Similarly, in Finland, while the parliament holds supreme legislative power, there is no constitutional court, and the supreme court cannot declare a law unconstitutional. Instead, the constitutionality of laws is determined by a simple vote in parliament.
In conclusion, a constitution serves as a foundational document that establishes the rules and principles governing a government's authority. Sovereignty, whether held by a person, a body, or the people, operates within the framework set by the constitution, defining the limits and scope of power. The interplay between sovereignty and constitutionalism shapes the political landscape, influencing the distribution of power and the protection of individual rights.
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The US Constitution is the 'supreme law' of the US, unlike the UK's
The US Constitution is the supreme law of the US, unlike the UK, which does not have a single, unified constitution. The US Constitution is a written document that outlines the framework of the federal government and establishes the separation of powers into three branches: the legislative, executive, and judicial. It serves as the fundamental law of the land, with any laws or treaties made by the US being subject to it. Federal courts, including the Supreme Court, play a crucial role in interpreting and ensuring compliance with the Constitution.
The concept of parliamentary sovereignty, where the legislative body holds supreme power, is relevant to understanding the differences between the US and UK systems. In the UK, parliamentary sovereignty is a key principle, meaning that the legislative body has authority over other government institutions and can change or repeal laws and even the constitution. This contrasts with the US system, where the Constitution is supreme, and any laws or actions by Congress or the President must align with it.
The US Constitution's supremacy is further emphasized by the Supremacy Clause, which asserts the priority of federal authority and the laws made under the Constitution. This clause ensures that federal laws take precedence over state laws and that judges across all states are bound by the Constitution. The Supremacy Clause is a cornerstone of the US federal political structure and reinforces the idea that the Constitution is the ultimate source of power.
While the UK does not have a single, codified constitution like the US, it operates under a system of parliamentary sovereignty and constitutional conventions. The UK's unwritten constitution consists of various sources, including statutes, court decisions, and conventions, which outline the powers and responsibilities of its government institutions. This lack of a unified constitution means that parliamentary sovereignty in the UK is more flexible and adaptable but may face challenges in ensuring consistent interpretation and application of constitutional principles.
The US Constitution, as the supreme law, provides a clear framework for the government's structure and powers. It establishes checks and balances through the separation of powers and allows for judicial review to ensure that the actions of the legislative and executive branches align with the Constitution. This constitutional framework provides stability, consistency, and a basis for interpreting and enforcing laws, treaties, and government actions.
In summary, the key distinction between the US and the UK lies in the presence of a written constitution in the US, which serves as the supreme law of the land. The US Constitution's supremacy shapes the country's political structure, establishes the separation of powers, and provides a foundation for interpreting and enforcing laws. In contrast, the UK's system of parliamentary sovereignty operates within the context of an unwritten constitution, allowing for more flexibility but potentially facing challenges in consistent application.
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The UK constitution is spread over several documents, making it harder to decipher
The UK constitution is spread across several documents, including specific Acts of Parliament, constitutional conventions, and judicial decisions. This dispersal can indeed make it harder to decipher, and some argue that it is confusing and ambiguous, hindering citizens' understanding of their rights and the government's responsibilities.
The UK constitution is not contained in a single document like most countries, and it has never been codified. While it is largely written, the constitution is found in various documents and sources, including both formal laws and less formal texts without legal force. This makes the UK constitution notably different from most other modern liberal democracies.
The UK's constitution is characterised by its stability and capacity to absorb change. Its core principles include parliamentary sovereignty, the rule of law, the separation of powers, and judicial independence. Parliamentary sovereignty, a defining feature, means that Parliament has the ultimate law-making power to create or abolish any law. However, this power is not unlimited and can be constrained by acts such as the Human Rights Act.
The lack of a codified constitution in the UK has been a subject of debate. Proponents of a written constitution argue that clearly stating how the political system operates in a single document would improve governance, citizen engagement, and accountability. On the other hand, some argue that the democratic benefits of a codified constitution should not be exaggerated, and the challenges of agreeing on such a document should not be underestimated.
The UK constitution has multiple guardians, including the Supreme Court, parliamentary committees, the Lord Chancellor, and constitutional watchdogs. In the absence of a codified constitution, Parliament acts as the ultimate guardian, with MPs and peers responsible for upholding key constitutional principles.
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The US Constitution divides government power into three branches with checks and balances
The concept of parliamentary sovereignty holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and is thus not bound by written law or even, in some cases, a constitution. Parliamentary sovereignty may be contrasted with separation of powers and constitutionalism, which limits the legislature's scope to general law-making and makes it subject to external judicial review.
The system of checks and balances allows each branch to change acts of the other branches. For example, the legislative branch can approve Presidential nominations, control the budget, and impeach the President. The executive branch can declare Executive Orders, which have the force of law, but the legislative branch can veto those laws with a Presidential Veto. The judicial branch can declare acts of the executive branch unconstitutional, but the President nominates Supreme Court justices, and Congress confirms or rejects these nominations.
The Framers of the US Constitution implemented the doctrine of separation of powers to create a system of checks and balances, based on the principles outlined by political theorist Baron Charles de Montesquieu. This system ensures that no one branch of government has absolute power and protects the liberties of the governed.
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The UK's parliamentary sovereignty means Parliament can make or unmake any law
The UK's parliamentary sovereignty is a principle of the UK constitution, making Parliament the supreme legal authority in the UK. This means that Parliament can make or unmake any law and that no Parliament can pass laws that future Parliaments cannot change. This is because every Parliament must be as powerful as the ones before and after it. The UK's parliamentary sovereignty is also not bound by written law or precedent.
The UK does not have a single written constitution, and its constitution is found through laws passed by Parliament and rules established through practices over hundreds of years, as well as principles established in court decisions (also known as common law). This means that the UK constitution is 'partly written and wholly uncodified'. While the UK's Human Rights Act is one of the laws that form part of its constitution, it does not limit parliamentary sovereignty. This is because, while the courts can issue a Declaration of Incompatibility under the Act, it is still the responsibility of Parliament to decide whether to change the law or not.
The UK's parliamentary sovereignty is also referred to as 'elective dictatorship' or 'modern autocracy'. This is because, in theory, Parliament could repeal any of the laws implementing changes brought about by political developments, such as the devolution of power to bodies like the Scottish Parliament and Senedd Cymru, the UK's entry to and exit from the European Union, and the establishment of a UK Supreme Court.
In other countries, parliamentary sovereignty may be contrasted with the separation of powers and constitutionalism, which limits the legislature's scope. For example, in Australia, parliamentary sovereignty must be understood in the context of the rigid limits and boundaries imposed by the federal Constitution and, to some extent, by the State Constitutions. Similarly, in Finland, while Parliament holds supreme legislative power and can override a presidential veto and alter the constitution, there is no constitutional court, and the supreme court does not have the explicit right to declare a law unconstitutional.
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Frequently asked questions
Parliamentary sovereignty, also called legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
Popular sovereignty is the idea that the people are the legitimate sovereign. This theory was developed by Jean-Jacques Rousseau, who considered sovereignty to be inalienable and condemned the distinction between the origin and the exercise of sovereignty.
In Australia, the idea of parliamentary sovereignty must be understood in the context of the limits imposed by the federal Constitution and, to some extent, by the State Constitutions. The federal Constitution prescribes the mode to alter it and restricts the power of the Commonwealth Parliament.
Constitutional sovereignty is a system where sovereignty is vested in a fundamental document, the Constitution. This system is made more complex by the fact that the authority to propose and approve changes to the Constitution is vested in Congress, the states, and special conventions.
Examples of countries with features of parliamentary sovereignty include Australia, Canada, the United Kingdom, Israel, and Finland.
