Parliamentary sovereignty
Parliamentary sovereignty - sentence stems
5 point and counter pairs, one per theme. The opening lines that lock a balanced paragraph.
How to use these. Each pair is the opening line for a balanced paragraph - a Point and a Counter on the same theme. Read both halves aloud, then cover one side and recall it. Every body paragraph should carry both before its interim judgement.
Real legal limit
Point - the case for
EU membership (1973-2020) supports this: EU law primacy; Factortame (1990) disapplied parts of the Merchant Shipping Act 1988.
Counter - the case against
But Devolution (1998-) cuts the other way: Statutory grants; Westminster keeps the legal power to legislate (Internal Market Act 2020 proved it).
Political limit in practice
Point - the case for
Human Rights Act (1998) supports this: The political cost of ignoring a declaration is real (Belmarsh led to the 2005 Act).
Counter - the case against
But Brexit + Rwanda Act (2020-24) cuts the other way: Westminster acted over devolved objection and judicial defeat alike.
Dicey rule 3 broken
Point - the case for
EU membership (1973-2020) supports this: For 47 years UK courts could disapply UK statutes - the only true breach.
Counter - the case against
But Brexit + Rwanda Act (2020-24) cuts the other way: The Court accepted the Rwanda Act - no override of an Act occurred.
Sovereignty recovered
Point - the case for
Brexit + Rwanda Act (2020-24) supports this: The recovery era itself: Factortame unwound, the Court answered by statute.
Counter - the case against
But Devolution (1998-) cuts the other way: Nothing to recover - the legal power never left.
Significant erosion
Point - the case for
Referendums (1975-2016) supports this: The one arguably real erosion - sovereignty in practice now shared with the electorate on the biggest questions.
Counter - the case against
But Brexit + Rwanda Act (2020-24) cuts the other way: The strongest evidence sovereignty is intact - arguably stronger than ever.