Parliamentary sovereignty & the rule of law
Parliamentary sovereignty and the rule of law are the two foundational principles of the UK's uncodified constitution. Together they shape the relationship between Parliament, the executive and the courts.
What "Parliamentary sovereignty & the rule of law" covers
- Dicey's orthodox view: Parliament can make or unmake any law, no Parliament can bind its successors, and no body (including the courts) can override an Act of Parliament.
- The enrolled Bill rule means courts will not question the validity of an Act properly passed (Pickin v British Railways Board).
- The rule of law requires government according to law, legal certainty, equality before the law, and access to independent courts (Entick v Carrington; R (UNISON) v Lord Chancellor).
- Constitutional statutes (e.g. the Human Rights Act 1998, devolution Acts) are not subject to implied repeal (Thoburn v Sunderland CC).
- The separation of powers is only partial in the UK; the Constitutional Reform Act 2005 strengthened judicial independence and created the Supreme Court.
- Constitutional conventions (e.g. the Sewel convention, ministerial responsibility) are binding in practice but not legally enforceable (Miller (No 1)).
- Prerogative powers are subject to statute and to judicial control (Miller (No 2) on prorogation; De Keyser).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For parliamentary sovereignty & the rule of law, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Stating parliamentary sovereignty as if wholly unqualified without noting devolution, the HRA and constitutional statutes.
- Treating constitutional conventions as legally enforceable - courts recognise but do not enforce them.
- Confusing the rule of law (a principle) with a specific statute.
- Assuming full separation of powers in the UK when it is only partial.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on parliamentary sovereignty & the rule of law.
FAQ
Is parliamentary sovereignty & the rule of law tested on SQE1?
Yes — parliamentary sovereignty & the rule of law is part of the SQE1 Legal System, Constitutional & EU Law syllabus (FLK1) and can appear in single best answer questions.
How is parliamentary sovereignty & the rule of law examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (A V Dicey (parliamentary sovereignty and the rule of law), Pickin v British Railways Board [1974] (enrolled Bill rule)) helps.