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 starter activity What do we mean by parliamentary sovereignty? What are the constraints on parliamentary sovereignty?

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Presentation on theme: " starter activity What do we mean by parliamentary sovereignty? What are the constraints on parliamentary sovereignty?"— Presentation transcript:

1  starter activity What do we mean by parliamentary sovereignty? What are the constraints on parliamentary sovereignty?

2 Sovereignty Ultimate political authority Ultimate political authority Parliament (HoC & HoL) has unlimited authority and is supreme-law-making body in UK Parliament (HoC & HoL) has unlimited authority and is supreme-law-making body in UK Only Parl. can make and amend laws Only Parl. can make and amend laws No other institution can override its decisions No other institution can override its decisions Parliament can’t bind successors Parliament can’t bind successors

3 Constraints Executive Executive EU membership EU membership International organisations, e.g. IMF, NATO International organisations, e.g. IMF, NATO Devolved assemblies Devolved assemblies Media Media Electorate Electorate Pressure groups & TUs Pressure groups & TUs

4 What are the limits on parliamentary sovereignty? Define what is meant by ‘sovereignty’ Examine challenges to Parliamentary sovereignty  Aims

5 How could fishing be a challenge to parliamentary sovereignty?

6  Your task Listen to the story of a Spanish fishing company called ‘Factortame’ It is important because it reveals much about the way Parliamentary sovereignty has been challenged recently. Listen to the story of a Spanish fishing company called ‘Factortame’ It is important because it reveals much about the way Parliamentary sovereignty has been challenged recently. At each stage in the story decide whether UK sovereignty is challenged or upheld and move to an appropriate side of the class. At each stage in the story decide whether UK sovereignty is challenged or upheld and move to an appropriate side of the class.

7 Factortame case All UK registered vessels have the right to fish in UK waters (Merchant Shipping Act, 1988) All UK registered vessels have the right to fish in UK waters (Merchant Shipping Act, 1988) Spanish fishing company ‘Factortame’ claimed right to fish in UK in British-registered vessels Spanish fishing company ‘Factortame’ claimed right to fish in UK in British-registered vessels High Court ‘disapplied’ relevant section of MSA to allow this loophole High Court ‘disapplied’ relevant section of MSA to allow this loophole Court of Appeal & HoL overturned decision – courts cannot suspend acts of Parliament Court of Appeal & HoL overturned decision – courts cannot suspend acts of Parliament European Court of Justice ruled national courts could disapply legislation which conflicted with EU law European Court of Justice ruled national courts could disapply legislation which conflicted with EU law HoL ruled in favour of ‘Factortame’ HoL ruled in favour of ‘Factortame’

8 What does the Factortame case tell us about parliamentary sovereignty? What does the Factortame case tell us about parliamentary sovereignty?


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