Parliamentary Sovereignty


The "Queen in Parliament" is competent to make or unmake any law whatsoever an any matter whatsoever; no other law-making body is recognized; nothing can be superior to or even coordinate with; but must be subordinate to Parliament; new constitutional developements often debated in terms of their supposed effect on the souvereignty of Parliament (EEC-membership).

EC-law: no "delegated legislation"; Community law prevails;Merchant-Shipping-Act Case (Factortame): 1972-Parliament did bind future Parliaments as far as implied repeal is concerned.

Bill of Rights: could be repealed any time; no effect on future legislation, only on subordinate legislation and administrative decisions.

House of Lords: 1100 peers (800 hereditary, 300 life (Lord Chancellor; 11 Law Lords; 26 Bishops; 125 Tories; 95 Labour; 20 Libs; 50 Crossbenchers)); Foreigners don´t vote; Backwoodsmen kept at home; Parliament Acts 1911 and 1949: until 1911 it could block everything; Only has a one-year-and-one-month delaying power and no control over money bills (in the opinion of HoC Speaker containing provisions exclusively relating to central government taxation, expenditure and loans); Conventions: HoL doesn´t reject important "political" legislation, what has been rejected is not introduced again; Life Peerages Act 1958: the Crown may confer a life peerage; Convention: no more hereditary peerages (broken once in 1983); Peerages Act 1963: Lords can disclaim their seats; its strenght lies in its weakness; most MPs in favour because control by HoL is inadequate; justification: sober second thought; Lord Chancellor (Speaker; Minister of Justice; most seniour judge); no lay peers perform judicial duties (convention, after O’Connell’s Case); seven important functions (appellate role; debates on matters of public interest; revision of Commons bills; initiation of less controversial bills; control of the executive; scrutiny of private legislation); HoL sometimes used by the government to interpolate its afterthoughts into a bill; bills prolonging the maximum duration of a Parliament beyond five years and provisional order confirmation bills as well as private bills are exempt from the Parliament Acts.Judicial functions performed by the Lords of Appeal in Ordinary; appeals usually heard by groups of five; Law Lords sitting as one or two appellate committes; HoL will treat its decisions as normally binding but is prepared to depart from a previous decision when it feels right to do so; Proposals for reform: retain, reform, replace, remove.

House of Commons: voting system: first pass the post; problems: representation unfair to small parties, even the second strongest party can possibly obtain the most seats (1951 and 1947), tactical voting, low turnout in strongholds; virtue: decisiveness (elections are about the government); PR would modify collective responsibility into coalition government, MPs would no longer have to fear their party´s losing a vote (dissolution); Legislation: Green Paper (draft bill by minister) ? White Paper (Cabinet) ? Bill ? 3 times passed in HoC ? 1 time passed in HoL ? Royal Assent ? Act.