Parliamentary Sovereignty and Its Limits

Parliamentary sovereignty is the foundational principle of the UK constitution. It determines where ultimate legal authority lies and shapes every debate about the distribution of power in the British political system. This lesson examines the meaning, scope, and contemporary challenges to parliamentary sovereignty.

---

A.V. Dicey and Parliamentary Sovereignty

The classic definition of parliamentary sovereignty comes from A.V. Dicey in An Introduction to the Study of the Law of the Constitution (1885). Dicey identified three key elements:

1. Parliament can make or unmake any law — There is no subject on which Parliament cannot legislate. It can pass any law it chooses, no matter how radical.
2. No body can override or set aside an Act of Parliament — The courts cannot strike down primary legislation. Unlike the US Supreme Court, UK courts have no power of constitutional review over Acts of Parliament.
3. No Parliament can bind its successors — Each new Parliament is free to repeal or amend any law passed by a previous Parliament. This means there can be no permanently entrenched legislation.