? starter activity

1
? starter activity
What do we mean by parliamentary sovereignty?
What are the constraints on parliamentary
sovereignty?
2
Sovereignty

• Ultimate political authority
• Parliament (HoC HoL) has unlimited authority
  and is supreme-law-making body in UK
• Only Parl. can make and amend laws
• No other institution can override its decisions
• Parliament cant bind successors

3
Constraints

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

4
What are the limits on parliamentary sovereignty?
? Aims

• Define what is meant by sovereignty
• Examine challenges to Parliamentary sovereignty

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.
• 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)
• 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
• 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
• HoL ruled in favour of Factortame

8
?

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