Re-establishing the sovereignty of the UK parliament

In the UK’s uncodified constitutional system, Parliamentary sovereignty means that Parliament can make or unmake any law, and that no other body can override or set aside its legislation. But in practice, certain legal, political, and international commitments have qualified this principle. Re-establishing Parliamentary sovereignty would mean removing or reducing those qualifications.

It would involve reasserting supremacy over what is called ‘international law.’ Parliament could legislate to repeal or amend the Human Rights Act 1998, which incorporates the ECHR into domestic law. To fully sever its authority, the UK would need to withdraw from the ECHR altogether.

Parliament would need to legislate explicitly that international treaties, including trade agreements, climate accords, etc., have no effect unless enacted by Parliament, and that Parliament may legislate contrary to treaty obligations if it chooses.

 It would require clarifying its relationship with devolved governments, to make it clear that devolved powers exist only by Parliamentary grant.

 It could reinforce a democratically elected Parliament’s primacy over the judiciary by legislating to state explicitly that courts cannot strike down or disallow primary legislation on constitutional grounds. It would limit the doctrine of ‘constitutional statutes,’ which courts have used to give some laws higher status.

 It would have to strengthen control over executive power. Much of the UK government is run by prerogative powers exercised by ministers, including treaty-making and foreign affairs. These powers can sometimes constrain Parliament’s ability to scrutinize or overturn decisions.

 Parliament could legislate to put prerogative powers on a statutory footing, requiring parliamentary approval for their use. It could reinforce that the executive is accountable to Parliament in all respects.

It could re-assert fiscal sovereignty to ensure that taxation and spending powers remain exclusively with Parliament (the Commons in particular). This is already the case legally, but further restrictions on off-balance-sheet spending or quango decision-making could tighten control.

Parliamentary sovereignty is as much a political convention as a legal one. For it to be fully re-established, parliamentarians must be willing to legislate even when it contravenes international law, judicial norms, or devolved autonomy. The government of the day would have to respect and not sideline Parliament (e.g., through excessive use of Henry VIII powers or secondary legislation). 

While the UK Parliament is still legally sovereign, in practice its freedom is constrained by international obligations, devolution, judicial interpretation, and executive dominance. Re-establishing sovereignty would involve repealing or amending the Human Rights Act, reconsidering treaty obligations, curbing judicial review, clarifying devolution, and reinforcing parliamentary control over the executive.

It could reverse the creeping trend to non-Parliamentary decision-making and governance. The debate would focus not on whether it could do that - it could - but on whether it should.

Madsen Pirie