Chapter 6 Guidance on answering the exam questions

‘The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom.’ (Jackson v Attorney General [2005] UKHL 56, [102] (Lord Steyn))

To what extent is this an accurate description of parliamentary sovereignty in the modern UK constitution?

Compare here the classic view of parliamentary sovereignty with modern reality.

  • Explain Dicey’s traditional view of parliamentary sovereignty and its emphasis on parliament’s unlimited law-making powers. Illustrate your answer with examples of how broad those powers are. Highlight its significance in the UK constitution.
  • Why does Lord Steyn consider it out of place in modern Britain? (It’s essential to read the judgments in Jackson for this question.)
  • In reality, is parliamentary sovereignty absolute or limited? Can a legally sovereign parliament place legal limitations on itself? (See the discussion in section 6.3.2)
  • Think about areas where parliament has given up some of its legislative competence e.g. consider the effect of membership of the EU, grants of independence to former colonies. Has the Human Rights Act 1998 affected parliamentary sovereignty?
  • Does parliamentary sovereignty still have importance in the UK constitution?
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