Parliamentary Sovereignty and the Impact of Devolution
Parliamentary sovereignty, as defined by A.V. Dicey, holds that Parliament can make or unmake any law, that no Parliament can bind a future Parliament, and that no other body, including the courts, can override or set aside an Act of Parliament.
Before you start
Make sure you're comfortable with these topics first:
Method
- Learn Dicey's three-part definition of parliamentary sovereignty precisely, since exact recall of the definition is often directly rewarded.
- Learn the distinction between LEGAL sovereignty, what Parliament is entitled to do in law, and POLITICAL sovereignty or practice, what Parliament can realistically do without unacceptable cost, and use this distinction explicitly in your answers.
- Learn the Sewel Convention and the 2018 Supreme Court reference confirming it is a political convention, not a legally enforceable rule.
- For an evaluation question, plan three two-sided paragraphs, each weighing evidence that sovereignty has been challenged against evidence that it legally remains intact.
- Give each paragraph a clear judgement before moving on; asserting only that sovereignty has been 'destroyed' or 'is untouched' with no counter-evidence is capped in the middle band.
- Build a thesis-led introduction and a conclusion that weighs the three judgements to reach an overall, supported answer.
- Use devolution as your main case study for this topic, but keep EU membership (1973 to 2020) ready as a second, comparative example of a challenge to sovereignty that Parliament was ultimately able to reverse.
Worked example
'Parliament remains sovereign in the UK today.' Evaluate this statement, using devolution in your answer. Plan the essay: a thesis, three two-sided paragraphs and a conclusion.
- Underline the claim: does legal sovereignty still hold, which needs you to separate LEGAL sovereignty from POLITICAL practice.
- Choose three comparisons: (1) the legal position on devolved matters, (2) the Sewel Convention, (3) a historical comparison with EU membership.
- Paragraph 1: Westminster retains the legal power to legislate on any matter, devolved or reserved, and has directly legislated for Northern Ireland during periods when the Assembly was suspended, weighed against the counterpoint that the Scotland Act 2016 declares the Scottish Parliament permanent and removable only via a referendum, then a judgement.
- Paragraph 2: the 2018 Supreme Court reference on the Scottish 'Continuity Bill' confirmed the Sewel Convention is a political convention, not a legally enforceable rule, meaning Westminster's legal sovereignty was untouched, weighed against the counterpoint that breaking the convention would carry a heavy political cost that in practice restrains Westminster almost as firmly as a legal rule would, then a judgement.
- Paragraph 3: EU membership from 1973 to 2020 saw EU law take precedence over conflicting UK law under the European Communities Act 1972, weighed against the counterpoint that Parliament's ability to leave the EU via ordinary legislation shows sovereignty was only ever lent, not permanently surrendered, then a judgement.
- Write a thesis and a conclusion that gives a clear, supported answer distinguishing legal sovereignty from political practice.
Practice questions
Try each question, then tap to reveal the answer.
Q1State Dicey's classic definition of parliamentary sovereignty.Show answer
Answer: That Parliament can make or unmake any law it wishes, that no Parliament can bind a future Parliament, and that no other body, including the courts, can override or set aside an Act of Parliament.
Q2What is the Sewel Convention?Show answer
Answer: The convention that the UK Parliament will not normally legislate on matters devolved to Scotland, Wales or Northern Ireland without the consent of the relevant devolved legislature.
Q3Is the Sewel Convention legally binding on Parliament?Show answer
Answer: No; the Supreme Court confirmed in 2018, in the reference on the Scottish 'Continuity Bill', that it is a political convention rather than a legally enforceable rule.
Q4What did the Scotland Act 2016 state about the permanence of the Scottish Parliament?Show answer
Answer: That the Scottish Parliament and Scottish Government are a permanent part of the UK's constitutional arrangements, not to be abolished except following a referendum of the Scottish people.
Q5What effect did the European Communities Act 1972 have on parliamentary sovereignty?Show answer
Answer: It gave EU law precedence over conflicting UK domestic law for as long as the UK remained a member, though Parliament retained the legal ability to repeal the Act and leave, which it later did.
Q6Can a court strike down an Act of the UK Parliament for being incompatible with human rights?Show answer
Answer: No; under the Human Rights Act 1998 a court can only issue a declaration of incompatibility, leaving it to Parliament to decide whether to amend the law.
Q7Give one devolved matter and one reserved matter under the Scotland Act 1998.Show answer
Answer: Health or education are devolved to the Scottish Parliament; defence or foreign affairs are reserved to the UK Parliament.
Exam-style questions
Written in the style of a A Level Politics exam paper, with a full mark scheme.
Explain TWO reasons parliamentary sovereignty is said to have been challenged since 1997.
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'Devolution has ended, not just limited, parliamentary sovereignty in the UK.' Evaluate this statement.
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See real A Level Politics past-paper questions, with official mark schemes →
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