Miss Christian 12E F9 Lesson #3 Wednesday 21st September 2011 Democracy & Sovereignty taken from https://www.tes.com/teaching-resource/democracy-and-sovereingty-6454757 by alainechristian Created Dec 16, 2014 Updated Dec 16, 2014 Licence TES-V2 This resource is available to UK teachers. Edited by Heidi Moden

REPRESENTATIVE DEMOCRACY PARLIAMENTARY SOVEREIGNTY DIRECT DEMOCRACY A political system whereby the people take part themselves in the running of the country and deciding laws e.g. referendums, public consultation and focus groups. A leader is directly elected. REPRESENTATIVE DEMOCRACY A political system whereby representatives elected by the people take control of decision-making, as it is more practical and the representatives are better informed. POPULAR SOVEREIGNTY The idea that sovereign power is vested in the people and that those chosen to govern, as trustees of such power, must exercise it in conformity with the general will of the people (public opinion). PARLIAMENTARY SOVEREIGNTY Parliamentary sovereignty makes Parliament the supreme legal authority which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.

The UK Parliamentary System As a result of the type of democracy and soveriegnty in the UK, the parliamentary system has several key features. Executive derived from legislature Fusion of powers Parliamentary sovereignty Unitary system Centralisation & decentralisation (devolution)

Executive derived from legislature A parliamentary system is one in which the executive is derived from and can be removed from by the legislature. This is the opposite of the presidential system in the USA in which there is a strict separation of personnel between the executive and legislature.

Fusion of powers Under the concept of the fusion of powers, government ministers who head up the executive branch departments sit as members of the legislature at the same time. Until 2003, the Lord Chancellor sat in all 3 branches of government! (He was a Law Lord (judiciary), a member of the House of Lords (legislature) and a member of the cabinet (executive). This later changed under Labour’s programme of reform.

Fusion of powers

Parliamentary Sovereignty The 3 branches of government in the UK are not equal. The UK constitution is based on the principle that the legislature is supreme or “sovereign”. It is Parliament to which government ministers are accountable. Parliament is supreme in the sense that no court can declare an Act of Parliament unconstitutional.

Unitary System The UK has a unitary system of government i.e. one in which all power is concentrated in a single national institution (parliament). All local or devolved government power exists only at the pleasure of the national government, meaning that the powers devolved to regions can also be withdrawn (although in reality this is unlikely to happen).

Centralisation & Decentralisation The act of consolidating power under a central control. Decentralisation The spread of power away from the centre to local branches or governments

Centralisation & Decentralisation In a unitary form of government power is centralised in one body or institution (i.e. parliament). However, modifications of the unitary form of government came with the devolution of power to the Scottish Parliament, and the assemblies in Wales and Northern Ireland. There has also been consideration given to the idea of regional assemblies in England. This is known as the decentralisation of power.

Centralisation & Decentralisation Advantages of Centralisation Advantages of Decentralisation Promotes national unity Promotes uniformity of laws, taxation, education etc Promotes equality e.g. redistribution of wealth easier Single currency and central control of taxation and infrastructure promote prosperity Provides enhanced opportunities for democratic participation Promotes higher degree of responsiveness (govt ‘closer to the people’) – accountability enhanced Legitimacy enhanced Guards against central govt tyranny with checks and balances

If the definition of sovereignty is… …the ultimate legal authority in the state, with the exclusive right to wield legitimate power and to make the law within a territory.

Then Parliamentary Sovereignty means… No other body but Parliament can make the law. Parliament can make/amend/repeal any law in Britain. Acts of Parliament are not subject to change via limits set by a higher body or written constitution. Ministers, government departments, local authorities and other agencies apply those laws created by Parliament. The courts, in theory, cannot declare these laws unconstitutional, but can only interpret and apply them. Each new parliament is not bound by the laws made by previous Parliaments.

So… All of these things emphasise the concentration of legal power in Parliament. However…there are doubts about the accuracy and continuing relevance of parliamentary sovereignty… Alternatives to Parliamentary Sovereignty Political Sovereignty Popular Sovereignty Legal Sovereignty

Political Sovereignty Parliament is not, and has never been politically sovereign. Parliament does not always have the political ability to do something due to consequences (e.g. mass protests, public rebellion). Constraints on parliamentary sovereignty; - pressure groups - public opinion - international opinions (e.g. USA, EU) - policies of international bodies (e.g. WTO, UN)

Sovereignty Popular Sovereignty Popular sovereignty is the principle that supreme authority is vested in the people directly, rather than in a representative institution. There has been a shift from parliamentary sovereignty to popular sovereignty (e.g. popularly elected devolved assemblies, Human Rights Act)

Sovereignty Legal Sovereignty Parliament may no longer be legally sovereign. This is due to membership of the EU (as EU law precedes UK statute law). It is also implied by the idea that devolution has resulted in ‘quasi-federalism’, reflected in the reluctance of Parliament to challenge decisions made be devolved bodies (e.g. Scottish and Welsh assemblies).

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue