Gavin Howe
In the United Kingdom, the concept of parliamentary sovereignty implies that Parliament is the supreme legal authority, with the power to pass laws that future parliaments can change. However, the Human Rights Act and the European Convention on Human Rights place limitations on parliamentary sovereignty, ensuring that even the government is subject to the law. While the monarch is technically above the law, they are expected to follow traditions and conventions, and their powers have been limited over time. The perception of individuals or groups being above the law is influenced by factors such as wealth and political influence.
| Characteristics | Values |
|---|---|
| Parliamentary sovereignty | The UK Parliament is the supreme legal authority |
| Human Rights Act | Holds the government accountable and ensures no one is above the law |
| Monarch | Technically above the law but expected to follow tradition and convention |
| The wealthy | May be able to get away with more due to their wealth |
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What You'll Learn
The UK's unwritten constitution
The UK's constitution is often referred to as ""unwritten". However, this is not entirely accurate; it is more accurate to say that it is not codified, meaning it is not brought together in a single document. Instead, the UK's constitution is spread across various sources, including specific Acts of Parliament, understandings of how the system should operate (constitutional conventions), and decisions made by judges.
The UK's constitution is different from most other countries, which typically have codified constitutions. Codified constitutions are usually produced following significant historical events, such as a revolution or a change in the system of government. The UK, however, has not experienced such events, and therefore has not felt the need to codify its constitution. The UK's constitution can be altered relatively easily by the government, and it changes more frequently than many other constitutions.
The leading institutions in the UK's constitution are Parliament, the judiciary, the executive, and regional and local governments. Parliamentary sovereignty is a key principle, meaning Parliament is the supreme legal authority and can make or unmake any law without being limited by a constitutional text. This means that no Parliament can pass laws that future Parliaments cannot change. However, the Human Rights Act places some limitations on parliamentary sovereignty by requiring the government to consider the compatibility of proposed laws with human rights.
The UK's constitution also includes written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Examples of constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Human Rights Act 1998, and various Acts specific to Scotland, Northern Ireland, and Wales. Constitutional conventions include the monarch acting on ministerial advice and the Prime Minister sitting in the House of Commons.
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Parliamentary sovereignty
In the UK, parliamentary sovereignty is a description of the extent to which the Parliament has absolute and unlimited power. It is exclusive to the UK Parliament and does not extend to the Scottish Parliament, the Senedd, or the Northern Ireland Assembly. The concept of parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and its Acts take precedence over subordinate legislation, regulation, or common law rule. This means that Parliament is superior to the executive and judicial branches of the government.
The idea of parliamentary sovereignty was central to the English Civil War, with Royalists arguing that power was held by the king and delegated to Parliament, while Parliamentarians challenged this view. The Bill of Rights of 1689 removed the ability of the Crown to ignore or suspend legislation and statutes, further cementing the sovereignty of Parliament.
The UK's parliamentary sovereignty is also distinct from other countries with written constitutions that bind the parliament to act in a certain way. The UK does not have a codified constitution, allowing Parliament greater flexibility in its law-making power.
However, there have been complexities and challenges to parliamentary sovereignty. For example, the UK's membership in the European Union and the European Communities Act 1972 raised questions about the sovereignty of the UK Parliament as European laws can automatically override local laws. Additionally, the Human Rights Act 1998 and the European Convention on Human Rights have been interpreted as not limiting parliamentary sovereignty. While Section 3 of the Human Rights Act requires UK courts to interpret national law consistently with the Convention, it does not give courts the power to strike down primary legislation.
In conclusion, parliamentary sovereignty in the UK means that Parliament holds supreme legal authority and can enact or repeal any law it chooses. It is a cornerstone of the UK's constitutional system, allowing for legislative supremacy and ensuring that Parliament's enactments are accorded their due authority.
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The Human Rights Act
In the UK, human rights are protected by the Human Rights Act 1998. The Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. This means that if your human rights have been breached, you can take your case to a British court rather than having to seek justice from the European Court of Human Rights in Strasbourg, France.
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The monarch's power
The UK is a constitutional monarchy, with the monarch as the Head of State. The monarch's duties, functions, and powers are prescribed by convention, one of which is political neutrality. The UK's parliamentary sovereignty means that Parliament is the supreme legal authority, and thus, no one is above the law. This includes the government, which can be challenged by individuals under the Human Rights Act, an essential part of the rule of law in the UK.
While the monarch is not explicitly mentioned in the sources as being subject to the law, it is implied that they are not above it. The UK's parliamentary system, with its separation of powers, ensures that the monarch's role in the legislative process is limited to the passing of legislation by Parliament, which consists of the monarch, the House of Commons, and the House of Lords. The House of Commons is directly elected by the people, and the Prime Minister is traditionally a member of this House.
The monarch's role in the legislative process is largely ceremonial, and their power to influence law-making is constrained by convention and the need to remain politically neutral. While the monarch may provide royal assent to bills passed by Parliament, they do not have the power to create or amend laws independently.
Historically, monarchs who acted against the interests of Parliament faced consequences. For example, King Charles I disbanded Parliament twice, which ultimately led to his removal and execution. This demonstrates that while the monarch may have certain powers and privileges, they are not above the law in an absolute sense and are expected to respect the conventions and traditions that govern their role.
In summary, while the monarch has a unique position and specific duties, functions, and powers, they are ultimately subject to the law and constrained by the conventions and traditions of the UK's constitutional monarchy.
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The wealthy and the law
In the UK, the principle of parliamentary sovereignty means that Parliament is the supreme legal authority. The Human Rights Act is also an essential part of the rule of law in the UK, allowing individuals to challenge the government and ensuring that no one, including the government, is above the law.
Despite these measures, some argue that the UK's legal system increasingly caters to the wealthy. For example, the government's cuts to legal aid fees have made it difficult for lawyers to defend suspects in criminal cases, particularly those from low socio-economic backgrounds. This has resulted in a market-based system where the rich have better access to justice. Wealthy individuals can afford to hire expensive lawyers, call expert witnesses, and take advantage of the overburdened criminal justice system.
Additionally, legal changes over the past few decades have widened wealth inequality and promoted the class interests of the rich at the expense of the poor. For instance, the deregulation of the housing market and the weakening of trade unions have benefited the wealthy. The UK's labour market is also heavily weighted in favour of employers, making it difficult for employees to demand better pay and conditions.
The UK's first private prosecutors, Edmonds Marshall McMahon, exemplify the growing influence of wealth in the legal system. The firm, established by former government lawyers, highlights how cuts to specialist crime teams have resulted in many fraud cases going unpursued by the state.
While no one is technically above the law, the perception that the rich can buy their way out of legal consequences persists. This has led to a sense of disillusionment among lawyers and the public, with many believing that the UK is becoming a society where justice is attainable only by those who can afford it.
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Frequently asked questions
No one is above the law in the UK. The rule of law states that every person and body, whether public or private, including the state, are subject to the law.
The Monarch is sovereign and holds supreme authority. However, the Monarch's power has been divided, shared, and limited over the centuries. While the Monarch is technically above the law, there would be consequences if they broke it, as there have been in the past.
The UK Parliament is the supreme legal authority in the UK. However, the UK's entry into international obligations and the devolution of power to new legislatures have limited Parliament's supremacy.
Many people believe that the very rich can be above the law, or at least, that they can get away with things that poor people can't due to their ability to pay fines.
The Human Rights Act is an essential part of the rule of law in the UK. It ensures accountability so that no one, including the Government, is above the law.
