Democracy & Sovereignty

Learning Objectives

• To define and exemplify the different types of sovereignty and democracy

• To explain the main features of the UK parliamentary system

• To evaluate the alternatives to and restraints on parliamentary sovereignty

Dictionary CornerWrite your own definitions…

DIRECT DEMOCRACY

REPRESENTATIVE DEMOCRACY

POPULAR SOVEREIGNTY

PARLIAMENTARY SOVEREIGNTY

DIRECT DEMOCRACYA political system whereby the people take part themselves in the running of the country and deciding laws e.g. referendums,

public consultation and focus groups. A leader is directly

elected.

REPRESENTATIVE DEMOCRACYA political system whereby

representatives elected by the people take control of decision-

making, as it is more practical and the representatives are better

informed.

POPULAR SOVEREIGNTYThe idea that sovereign power is

vested in the people and that those chosen to govern, as

trustees of such power, must exercise it in conformity with the general will of the people (public

opinion).

PARLIAMENTARY SOVEREIGNTYParliamentary sovereignty makes

Parliament the supreme legal authority which can create or end

any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that

future Parliaments cannot change.

Traffic Light Question Challenge

Decide;which types of democracy and sovereignty apply to the UK political system.

Give an example of;a) Direct democracy in the UKb) Representative democracy in the UKc) Parliamentary sovereignty in the UKd) Popular sovereignty in the UK

Identify 5 features of the UK political system which demonstrate representative democracy and parliamentary sovereignty.

ROOKIE

NOVICE

EXPERT

Traffic Light Question Challenge

Decide;“The concepts of representative democracy and parliamentary sovereignty are integral to the UK political system.”

Give an example of;a) referendumsb) Parliamentary electionsc) Anti-terrorism, Crime and Security Act 2001(http://www.legislation.gov.uk/ukpga/2001/24/contents)

d) “Cornish Pasty u turn” (http://www.bbc.co.uk/news/uk-politics-18244640)

ROOKIE

Traffic Light Question Challenge

Identify 5 features of the UK political system which demonstrate representative democracy and parliamentary sovereignty.• Elections to the House of Commons every 5 years• House of Lords unelected (may change!)• PM = indirectly elected• PM = leader of party with most representatives in the

HofC• Parliament is the supreme law-making body

EXPERT

The UK Parliamentary System

Executive derived from legislatureFusion of powersParliamentary sovereigntyUnitary systemCentralisation & decentralisation (devolution)

As a result of the type of democracy and soveriegnty in the UK, the

parliamentary system has several key features.

Executive derived from legislature• A parliamentary system is one in which the executive is derived from

and can be removed from by the legislature.• This is the opposite of the presidential system in the USA in which there

is a strict separation of personnel between the executive and legislature.

Fusion of powers• Under the concept of the fusion of powers, government

ministers who head up the executive branch departments sit as members of the legislature at the same time.

• Until 2003, the Lord Chancellor sat in all 3 branches of government! (He was a Law Lord (judiciary), a member of the House of Lords (legislature) and a member of the cabinet (executive). This later changed under Labour’s programme of reform.

Fusion of powers

Parliamentary Sovereignty• The 3 branches of

government in the UK are not equal. The UK constitution is based on the principle that the legislature is supreme or “sovereign”.

• It is Parliament to which government ministers are accountable.

• Parliament is supreme in the sense that no court can declare an Act of Parliament unconstitutional.

Unitary System• The UK has a unitary system of

government i.e. one in which all power is concentrated in a single national institution (parliament).

• All local or devolved government power exists only at the pleasure of the national government, meaning that the powers devolved to regions can also be withdrawn (although in reality this is unlikely to happen).

Centralisation & DecentralisationCentralisation• The act of consolidating power under a central control.Decentralisation• The spread of power away from the centre to local branches

or governments

Centralisation & Decentralisation• In a unitary form of government

power is centralised in one body or institution (i.e. parliament).

• However, modifications of the unitary form of government came with the devolution of power to the Scottish Parliament, and the assemblies in Wales and Northern Ireland. There has also been consideration given to the idea of regional assemblies in England.

• This is known as the decentralisation of power.

Centralisation & Decentralisation

• Promotes national unity• Promotes uniformity of

laws, taxation, education etc

• Promotes equality e.g. redistribution of wealth easier

• Single currency and central control of taxation and infrastructure promote prosperity

• Provides enhanced opportunities for democratic participation

• Promotes higher degree of responsiveness (govt ‘closer to the people’) – accountability enhanced

• Legitimacy enhanced• Guards against central govt

tyranny with checks and balances

Advantages of Centralisation Advantages of Decentralisation

Sovereignty

If the definition of sovereignty is…

…the ultimate legal authority in the state, with the exclusive right to wield

legitimate power and to make the law within a

territory.

Then Parliamentary Sovereignty means…

• No other body but Parliament can make the law.• Parliament can make/amend/repeal any law in Britain.• Acts of Parliament are not subject to change via limits set

by a higher body or written constitution.• Ministers, government departments, local authorities and

other agencies apply those laws created by Parliament.• The courts, in theory, cannot declare these laws

unconstitutional, but can only interpret and apply them.• Each new parliament is not bound by the laws made by

previous Parliaments.

So…

• All of these things emphasise the concentration of legal power in Parliament.

• However…there are doubts about the accuracy and continuing relevance of parliamentary sovereignty…

Alternatives to Parliamentary SovereigntyPolitical SovereigntyPopular SovereigntyLegal Sovereignty

SovereigntyPolitical Sovereignty

Parliament is not, and has never been politically sovereign. Parliament does not always have the political ability to do something due to consequences (e.g. mass protests, public rebellion).Constraints on parliamentary sovereignty;- pressure groups- public opinion- international opinions (e.g. USA, EU)- policies of international bodies (e.g. WTO, UN)

SovereigntyPopular Sovereignty

Popular sovereignty is the principle that supreme authority is vested in the people directly, rather than in a representative institution.There has been a shift from parliamentary sovereignty to popular sovereignty (e.g. popularly elected devolved assemblies, Human Rights Act)

SovereigntyLegal Sovereignty

Parliament may no longer be legally sovereign.This is due to membership of the EU (as EU law precedes UK statute law).It is also implied by the idea that devolution has resulted in ‘quasi-federalism’, reflected in the reluctance of Parliament to challenge decisions made be devolved bodies (e.g. Scottish and Welsh assemblies).

SovereigntyConstraints on Parliamentary Sovereignty

• Read the hand out on the constraints on parliamentary sovereignty.

• Highlight/underline key points.• Complete the table below:

Arguments for parliament still being sovereign

Arguments for parliament no longer being sovereign

Has parliamentary soveriegnty survived?

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider Issue

DEMOCRACY: The Wider IssueDemocracy & Sovereignty Cartoon Competition

• You are a cartoonist for a broadsheet newspaper. You have been asked to draw a cartoon showing the current state of democracy and sovereignty in the UK in a satirical manner.

• You will need to research what other cartoonists have portrayed to get some ideas.

• You will also need to read relevant newspaper articles that relate current affairs to democracy and sovereignty.

• In addition to your cartoon, you need to submit an explanation of what your cartoon is portraying and a bibliography.

Homework

Reading and Note Taking• Read the relevant pages of the textbook and

add to your notes.Democracy and Sovereignty Cartoon Competition• Draw a cartoon showing the current state of

democracy and sovereignty in the UK in a satirical manner.