Presentation on theme: " starter activity What do we mean by parliamentary sovereignty? What are the constraints on parliamentary sovereignty?"— Presentation transcript:
1 starter activityWhat do we mean by parliamentary sovereignty? What are the constraints on parliamentary sovereignty?
2Sovereignty Ultimate political authority Parliament (HoC & HoL) has unlimited authority and is supreme-law-making body in UKOnly Parl. can make and amend lawsNo other institution can override its decisionsParliament can’t bind successors
3Constraints Executive EU membership International organisations, e.g. IMF, NATODevolved assembliesMediaElectoratePressure groups & TUs
4What are the limits on parliamentary sovereignty? AimsDefine what is meant by ‘sovereignty’Examine challenges to Parliamentary sovereignty
5How could fishing be a challenge to parliamentary sovereignty?
6 Your taskListen 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.
7Factortame caseAll 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 vesselsHigh Court ‘disapplied’ relevant section of MSA to allow this loopholeCourt of Appeal & HoL overturned decision – courts cannot suspend acts of ParliamentEuropean Court of Justice ruled national courts could disapply legislation which conflicted with EU lawHoL ruled in favour of ‘Factortame’
8What does the Factortame case tell us about parliamentary sovereignty?