Location of Sovereignty in the UK Political System

Sovereignty is a foundational concept in British politics, crucial for understanding the power structure and authority within the United Kingdom. Traditionally, sovereignty has been centralised, but over time, the location and nature of sovereignty in the UK have become increasingly complex, especially with constitutional reforms, devolution, and the influence of supranational organisations like the European Union. This section will discuss the distinction between legal and political sovereignty, analyse the extent to which sovereignty has shifted between branches of government, and critically assess where sovereignty now resides in the UK.

The Distinction Between Legal and Political Sovereignty

Legal Sovereignty

Legal sovereignty refers to the ultimate legal authority in a political system. In the UK, legal sovereignty has long resided with the ‘King-in-Parliament’, or more precisely, the UK Parliament at Westminster. This means that Parliament has the legal right to enact, amend, or repeal any law, and there is no authority in the UK with the power to override or set aside Westminster’s statutes. This principle is underpinned by the doctrine of parliamentary sovereignty, famously articulated by constitutional theorist A. V. Dicey.

Key features of legal sovereignty:

• Parliament can make or unmake any law.
• No Parliament can bind its successors.
• No person or body is recognised as having the right to override or set aside the legislation of Parliament.

Political Sovereignty

Political sovereignty, in contrast, refers to where real political power lies in practice. While Parliament may have the legal authority to make laws, political sovereignty considers who actually holds and exercises power over policy decisions. In practice, political sovereignty may lie with the government (Executive), the electorate, devolved bodies, or even external actors, depending on circumstances and political realities.

For example, at general elections, the electorate can be said to hold political sovereignty, as they choose the composition of the House of Commons and, by extension, the government. Similarly, devolution and referendums can shift political sovereignty to the devolved administrations or the public.

The Movement of Sovereignty Between Branches of Government

Parliament and the Executive

In theory, Parliament retains legal sovereignty, but in practice the Executive (the government of the day) wields significant power, especially given the fusion of powers characteristic of the UK system. The dominance of the Executive, particularly when it enjoys a large majority in the Commons, often means that government bills are passed with relative ease, leading some to argue that sovereignty is, in effect, exercised by the Cabinet.

Judiciary

Judicial sovereignty in the UK is limited by the principle of parliamentary supremacy. However, the Human Rights Act 1998, the creation of the Supreme Court in 2009, and evolving judicial review have enhanced the judiciary’s role in checking government power. The Supreme Court can issue ‘declarations of incompatibility’ where Acts of Parliament conflict with the European Convention on Human Rights, although Parliament is not legally compelled to amend or repeal the offending law.

Devolved Bodies

Devolution since the late 1990s has seen significant powers transferred to the Scottish Parliament, Welsh Senedd, and Northern Ireland Assembly. These institutions exercise considerable control over a range of domestic issues. However, devolution is not federalism;  Westminster retains the legal right to overrule devolved administrations or even abolish them, maintaining the ultimate legal sovereignty. The Sewel Convention, however, holds that Westminster will not normally legislate on devolved matters without consent.

European Union and Supranational Influence

The UK’s membership of the European Union (1973–2020) significantly affected the location of sovereignty. EU law took precedence over UK law in areas of competence, as established in cases such as Factortame. However, the doctrine of parliamentary sovereignty remained in theory, as Parliament could choose to leave the EU, which it did via the 2016 referendum and subsequent Brexit process.

Where Does Sovereignty Now Lie?

The location of sovereignty in the UK is now more nuanced and contested than ever before. Legally, sovereignty remains with Parliament, but in practical and political terms, it is shared and sometimes contested among several actors:

Parliament: Retains legal sovereignty and the ability to legislate on any matter.

The Executive: Wields power through control of the legislative process and agenda-setting.

The Judiciary: Has an enhanced role in interpreting the law and protecting rights but cannot override Parliament.

Devolved Administrations: Exercise political sovereignty over devolved matters but are constitutionally subordinate to Westminster.

The People: Hold ultimate political sovereignty at key moments, particularly through referendums and elections, as seen in the 2014 Scottish independence referendum and the 2016 EU referendum.

Therefore, while legal sovereignty is undivided and remains with Parliament, political sovereignty is increasingly pluralistic and determined by context, convention, and political realities. The UK’s uncodified constitution, reliance on conventions, and the evolving relationship between the branches of government make the precise location of sovereignty a subject of ongoing debate.

Summary

The UK political system distinguishes between legal and political sovereignty. Although Parliament continues to possess legal sovereignty, political sovereignty has become increasingly diffuse, shaped by changes such as devolution, judicial activism, and the influence of the electorate through referendums. The location of sovereignty in the UK remains a dynamic and contested issue, at the heart of the nation’s constitutional and political debates.