Judiciary & Parliament

This lesson examines the relationship between the judiciary and Parliament in the UK political system. This relationship is defined by the tension between two fundamental constitutional principles: parliamentary sovereignty and the rule of law. Understanding how these principles interact — and sometimes conflict — is essential for the Edexcel A-Level Politics specification.

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Parliamentary Sovereignty: The Foundation

Parliamentary sovereignty is the cornerstone of the UK constitution. As formulated by A. V. Dicey, it holds that:

1. Parliament can make or unmake any law on any subject.
2. No body — including the courts — can override or set aside an Act of Parliament.
3. No Parliament can bind its successors — each Parliament is free to repeal or amend any previous legislation.

This means that, unlike the US Supreme Court, the UK Supreme Court cannot strike down an Act of Parliament. Even if a law violates fundamental rights, the courts cannot invalidate it. The most they can do is issue a declaration of incompatibility under the Human Rights Act 1998 — a formal signal to Parliament that the law needs changing, but which Parliament is not legally obliged to follow.