11.4.3 Where sovereignty can now be said to lie in the UK.

Where Sovereignty Can Now Be Said to Lie in the UK

Branch/Entity	Description of Sovereignty	Examples and Implications
Parliament	Legal Sovereignty: Parliament retains ultimate authority to make, amend, or repeal any law.	• Parliament can legislate on any issue. • No other body can legally override an Act of Parliament.
	Limitations: Practical exercise of this sovereignty is influenced by other factors.	• Political pressures and devolution have introduced complexities to Parliament's supremacy.
Devolved Administrations	Shared Sovereignty: Significant powers have been devolved to Scotland, Wales, and Northern Ireland.	• Control over areas like health, education, and transport. • The Scotland Act 2016 recognizes permanent devolution.
	Tensions: Westminster legally retains power to revoke these powers but would face political challenges in doing so.	• Revoking devolution would be politically difficult, reflecting the shared nature of sovereignty.
The Executive (Government)	Executive Sovereignty: A strong government majority allows the executive to dominate Parliament, centralizing power.	• The Prime Minister and Cabinet can pass legislation with minimal opposition. • Royal prerogative powers remain significant.
	Challenges: Increasing parliamentary challenges and legal constraints (e.g., Fixed-term Parliaments Act) limit executive power.	• Parliament's increasing role in decisions like military action shows a shift in where sovereignty is exercised.
The Judiciary	Judicial Influence: Courts can interpret laws and issue declarations of incompatibility under the Human Rights Act.	• While courts can't strike down laws, they influence parliamentary decisions, particularly on human rights issues.
	Supreme Court: Plays a key role in interpreting constitutional matters, indirectly affecting sovereignty.	• The judiciary acts as a check on Parliament, especially in areas like human rights and judicial review.
The People (Direct Democracy)	Popular Sovereignty: Use of referendums for major decisions shifts sovereignty to the electorate.	• The Brexit referendum (2016) showed how public opinion can override parliamentary preferences.
	Implications: Politically difficult for Parliament to ignore referendum results, effectively transferring decision-making power.	• Referendums on Scottish independence and Brexit have significantly shaped UK sovereignty.
International and Supranational Bodies	External Influence: Membership in organizations like the EU (prior to Brexit) shared sovereignty with EU institutions.	• The Factortame case (1990) demonstrated EU law's supremacy over UK law while the UK was a member.
	Globalisation: Global economic forces and multinational corporations also impact the UK's sovereignty.	• International trade agreements and global markets constrain the UK's policy-making independence.
Conclusion	Complex and Shared Sovereignty: While legal sovereignty remains with Parliament, practical sovereignty is dispersed.	• Sovereignty in the UK is no longer centralized but shared among various branches and influenced by external factors.

Exam Practise

"Evaluate the view sovereignty resides in the EU rather than parliament"

Sovereignty lies with the EU

• EG 2010 Ahmed v HM Treasury Parliament tried to freeze suspected terrorist bank accounts but was unable to do so as there were not sufficient statutes
• The SC ruled that the general wording of section 1 in the 1946 United Nations Act did not empower the government to pass the order

Sovereignty lies with Parliament instead

• Government put through Terrorist Freezing Act 2010 which allowed them to freeze terrorist bank accounts
• Shows sovereignty lies with parliament as the govt can pass laws if a majority is reached
• Due to the uncodified constitution of the UK, the Prime Minister can pass laws if there is a majority
• Synoptic link-passed with a strong majority produced by FPTP by the Labour Government

Sovereignty lies with the EU

• Abu Qatada came to the UK seeking asylum because he would be tortured if he was sent back to Jordan
• ECHR allowed him to stay in the UK and also abided by the HRA 1998
• Many wanted him deported as he was a suspected terrorist

Sovereignty lies with Parliament instead

• Abu Qatada was sent back to Jordan by Home Secretary Theresa May in 2012
• This shows that parliament is sovereign as a treaty was signed ensuring Qatada's safety and Parliament ultimately got through what it wanted

Sovereignty lies with the EU

• This is due to Factortame
• This is where a Spanish ship entered British waters to fish
• Merchant Shipping Act of 1988 prevented foreign ships from fishing in British waters
• Went to the SC and Spanish ships were able to fish in British waters due to the Common Fisheries Policy 1970 which allowed member countries to fish in EU zones

However, the EU introduced no smoking in public areas

• UK followed this as it was in the interest of the UK Government
• Shows Parliament is sovereign as they will follow laws that benefit them. However, in other EU countries like Germany and France, people could smoke wherever they want freely
• Also shows Parliament is sovereign as other countries did not follow this law and the UK could do the same, but the UK did and respected the agreement with the EU

Supreme Court Cases

R (Miller) v Secretary of State for exiting the European Union 2017

• She argued that individual cabinet members had no legal power to trigger Article 50 of the EU which states that member states can withdraw from the EU with its own constitutional arrangements

• The govt originally planned to bypass Parliament using prerogative powers

• As a result, Miller won the case as the PM must secure parliamentary approval if they want to trigger Article 50. Shows SC checking power over the executive R (Miller) v Prime Minister 2019

• Boris Johnson tried to prorogue Parliament by closing it for 6 weeks to allow for Brexit to pass swiftly

• Miller brought this case to the SC and said that Johnson is not above the law and cannot prorogue Parliament

• As a result, the SC unanimously decided that the proroguing of Parliament by Johnson was deemed 'unlawful'

• This led to Parliament continuing to be open to MPs and the prorogation had failed

• Shows SC checking the power of the Executive

R(Factortame) v Secretary of State for Transport

• Factortame is a shipping company with a majority of Spanish shareholders
• This is due to the Common Fisheries Policy 1970
• The 1988 Merchant Shipping Act prevented foreign ships into the British waters
• Spain went to the ECJ
• The decision was that the 1988 Merchant Shipping Act was incompatible with EU law and EU law takes precedence over UK Law
• Raised questions about the UK's EU membership