Parliamentary Sovereignty, Devolution, and Brexit Assessment

This essay provides an assessment of parliamentary sovereignty in the United Kingdom. It begins by defining the rule of law and its limitations on parliamentary sovereignty, referencing key legal cases such as R(Jackson) v A G. The essay then explores devolution and its impact on parliamentary sovereignty, particularly in the context of Scotland, Wales, and Northern Ireland, including the effects of acts like the Scotland Act 1998 and the Wales Act 2006. The discussion includes the case of AXA General v Lord Advocate 2011, which highlights the limits of devolution. Finally, the essay examines the effects of Brexit on parliamentary sovereignty, arguing that Brexit strengthens the power of the UK Parliament. The essay concludes by summarizing the interplay of the rule of law, devolution, and Brexit, highlighting the evolving nature of parliamentary sovereignty in the UK. References are provided to support the arguments presented.

Human Rights

Table of Contents
ASESSMENT OF PARLIAMENTARY SOVEREIGNTY ...........................................................3
Rule of law and its limit over the parliamentary sovereignty:....................................................3
Devolution and limit on parliamentary sovereignty....................................................................4
Brexit effects of parliamentary sovereignty................................................................................5
REFERENCES................................................................................................................................7

ASESSMENT OF PARLIAMENTARY SOVEREIGNTY
Rule of law and its limit over the parliamentary sovereignty:
The rule of law is the fundamental doctrine which consist of various principles and
values. This is a doctrine by which each of the individual in the nation is required to abide and
summit to the law. The rule of law basically means that the all the laws which have been enacted
in the UK must be applied in general practice and court justice in a precise and predictable
manner. The rule of law have given set of principles whereby everyone must posses an ability to
regulate their conduct in a manner which is as per the law and certain1. The parliamentary
sovereignty is an power given to the parliament over making laws, changing and ending them.
The power empowered is unlimited and the of limit the doctrine of parliamentary sovereignty is
argued since long. This argument got a legal recognition in the case of R(Jackson) v A G, 2005.
in this Lord Hope stated that principle of parliamentary sovereignty is empty one if a legislation
which is passed through their power vested by this doctrine is absurd or unacceptable which
people refuses to accept at large. Against this statement comes Dicey who stated that
parliamentary sovereignty is that attribute to the UK parliament for making law which is legally
unlimited which is made by house of lords, house of commons and Queen together. But it is
suggested that parliamentary sovereignty is an essential tenant of the political constitution and is
shall refrain form viewing the doctrine as political constitutionalist2. The implication of the
judicial power, law and politics constituted a debate on whether political constitution has been a
strength or created weakness to this doctrine. This created a division between the rule of law and
doctrine of parliamentary sovereignty.
In case of Bush v Gore it was stated that rule of law is a mere empty slogan which is used
as a decoration to asserts the political influences and disputes. In case of E v Lord Chancellor
1998, the court struck down the rule and upheld the principle of legality. The limits of the
priciplee of legality was imposed in the case of Malone v Metropolitan Police Commission
[1979] Ch 344, 357 (Megarry V-C), where it was stated that there is no right of privacy law in
1 Fernández-Villaverde, J., 2016. Magna Carta, the rule of law, and the limits on
government. International Review of Law and Economics. 47. pp.22-28.
2 Gordon, M., 2019. Parliamentary Sovereignty and the Political Constitution (s): From
Griffith to Brexit. King's Law Journal. 30(1), pp.125-147.

the UK for that time and hence it was held in this case that principle of legality done nor require
positive legal authorisation for government action where such actions do not affect recognized
legal rights of others. In the case of R(Anufrijeva) v SoS for the Home Department [2003]. It
was stated by the Lord Styen that rule of law requires that a claw enacted in UK constitution
must accord with right' of individual while making a decision before they can be affected
adversely3. The rule of law clearly states that when a constitutional law overrides he rights of
individual by a hole in the corner decisions then it is cannot be upheld to be their system. In the
case of Jackson v Attorney General, 2005, it was claimed that the Hunting act, was not enacted
by the house of lords of parliament and it is against the public.
Devolution and limit on parliamentary sovereignty
Devolution under the law is defined as transfer of power from parliament and ministers to
a low-level elected body. The purpose behind this delegation power is regarding giving certain
level of authority to state government on territorial basis. Back in 1920's whole and sole power
of making law was empowered to parliament but a referendum in 1998 in Scotland, Wales and
Northern Ireland have given a result of devolution where the parliaments have on power to
interfere in domestic affairs of each developed bodies. In this regard Scotland act 1998 was made
where the Scotties parliament and government were a par of constitutionals arrangement made
with UK. In the recent times Domestic abuse act 2018, Gender Representation on public Board
Act, 2018 and Childe Poverty Act, 2017 are developed with have an application to Scotland and
UK parliament of not have a power to make or change such law. Changes in Wales have also
made and Wales Act 2006 were made in 20174. In the context of Wales it was tasted that
certainer matter are conferred in the hands of Wales parliament only, which includes matters
related with; civil services, political parties, foreign affairs, defence, tribunals, single legal
jurisdiction and specific reservation. This have raised a question over the supremacy of the
parliament of UK as the different acts and formation of separate parliament in Scottland, Wales
and Northern Ireland have diminished the supreme power of UK parliament. In the case of AXA
3 Gee, G. and Young, A. L., 2016. Regaining Sovereignty? Brexit, the UK Parliament and
the Common Law. European Public Law. 22(1). pp.131-147.
4 Cosgrove, R.A., 2017. The Rule of Law: Albert Venn Dicey, Victorian Jurist. UNC Press
Books.

General v Lord Advocate 2011, it was held that he claim made by the Insurance company over
contending the Damages act 2009 out of the legislative competence of Scottish parliament. The
averment was rejected by court Supreme court upholding the power of devolution. It is
established that the UK parliament will not normally legislate with regard to the devolved
matters of Scottish parliament without their consent5. It can be stated the situation have been
made more difficult regarding presenting logical distinction regarding devolve of UK's
constitutional structure and the parliament of UK in accordance with giving weights to the
choices and interests in matters which falls within primary competence of legislature.
Although, Westminster's parliament have lost considerable power in the domestic matters
as they do not have any power to amend the legislation in those regions without consulting the
legislative assembly so devolved in this regard. In this regard the City and Local government
Devolution act 2016 came into existence in England for ensuring the consent form English or
English and Wales member of parliament are built in the legislative process6. The one important
thing to understand is that the Devolution act, have been given an ability to comer under the
scrutiny to Westminster and can be repealed. On the other hand this act is entrenched in the
devolved areas and since it was a referendum which brought the devolution, it is proved that
there was a authorization of it as well.
The notion of sovereignty in the UK have been altered through the development of
parliament/assemblies in past 20 years. The key factor of the devolution included constitutional
conventions which is defies as a political understanding and agreement on how operations of
constitutions are carried out which is knowns as Sewel convention. With Brexit power of
devolved bodies will change in the present time they are required to follow the EU laws and after
Brexit they are not required to do so.
Brexit effects of parliamentary sovereignty
The parliamentary sovereignty has been explicitly preserved in the devolution settlement
from outset and it is crucial to understand that the concept of parliamentary sovereignty in and
after Brexit poses tough questions over extension of relationship which could have undermined
5 Müller, J.W., 2015. Should the EU protect democracy and the rule of law inside member
states?. European Law Journal. 21(2), pp.141-160.
6 Gormley-Heenan, C. and Sandford, M., 2018. Parliament and devolution. Exploring
Parliament, p.285.

the devolution as well. It is stated that parliament sovereignty of UK parliament is fixed and
finite and this notion exists for parliament of UK. With Brexit the primacy of parliament
sovereignty will be gained absolutely with regard to the relationship that exist within UK and
with other jurisdiction, intergovernmental and superovulation organizations.
With this it can be stated that parliamentary sovereignty in the context of UK is a starting
point rather than considering to be an ending point with defining its relation ship with political
constitution. There are different political and constitutional values which are able to shape the
future for better and the rue of law and Devolutions are among them. With the rule of law
empowered the doctrine of parliamentary sovereignty but on the other hand it can b seen the that
with devolution act and developed parliament for different jurisdiction of Scotland, Wale and
Northern Ireland the parliament sovereignty seems to lose it power and applicability7. But as
explained above it can be seen that Brexit is a key to reduced this lowering effect of supremacy
power of UK Parliaments as with Brexit the whole and sole control will be of UK parliament and
there will be no interference of laws from other jurisdiction making it exclusive. So this can
stated that rule of directly assist in the empowering the parliament sovereignty but devolution
plays on the opposite site but with Brexit both will be on the side of parliament sovereignty
making is supreme power to make, change and end laws in UK.
7 Ewing, K., 2017. Brexit and parliamentary sovereignty. The Modern Law Review. 80(4).
pp.711-726.

REFERENCES