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Discuss the view that the sovereignty of parliament is the most important underlying principle of the British constitution
Some political commentators would suggest that parliamentary sovereignty is the most important underlying principle of the constitution because all legislation that effects the UK and the constitution is made in parliament by the legislature. Because of this, membership of international bodies such as the EU (as we have to follow EU law) which erodes parliamentary sovereignty can easily be repealed. The European community’s act 1972 was made in Westminster and can be repealed just as easily in Westminster. Furthermore the work of parliament could be seen to erode some of the other principles, such as the rule of law when the terrorism act 2001 was passed. And the devolution act 1999 and 1997 which devolved power from Westminster to Scotland, wales and Northern Ireland has changed Britain from a unitary state to a confederal state. Because of the power over the other principles it is the most important.
On the other hand parliamentary sovereignty has been severely eroded due to devolution and is massively undermined, allowing other principles such as the rule of law to be considered the most important.
However some would argue that the rule of law is more important, as this gives citizens their rights, like the right to a fair and just trial and allows MPs and even the queen to be brought to account for their actions. This was seen fairly recently in 2013 when Chris Hughes a member of the cabinet got 2 years in prison for allowing his wife to take speeding points for him, in addition to this the queen got three points on her license for speeding. This accountability makes the rule of law more important than parliamentary sovereignty.
On the other hand there are still conventions such as parliamentary privilege, which means that MPs and ordinary citizens are still not equal and the rule of law does not give citizens power. Which means that it could be seen as less important than parliamentary sovereignty
Some would argue that constitutional monarchy is the most important principle, as without it, there wouldn’t be any laws as the royal assent is the last stage of the law making process and must be given in order for a law to be passed.
Opponents of this would argue that constitutional monarchy is merely a formality, it can be bypassed in extreme circumstances and the last time it was refused was in 1707 when Queen Anne refused to sign for the Scottish militia bill.
Some would argue that the separation of powers is the most important as it means that no area of power becomes too powerful.
However some would argue that the separation of powers is not important when compared with parliamentary sovereignty as there is no real separation of powers, there is overlap between the legislature and executive with the cabinet and the Lord Chancellor used to overlap all three while currently the chief justice sectary still causes a bit of overlap.
It could be argued that unitary state is the most important, as it allows the sovereignty of the UK to be kept in one place, which makes it easier to bring those elected for the representation of constituencies to be brought to account.
In contrast, the UK can no longer be considered to be a unitary state, as devolution has dispersed the power of Westminster to places like the Scottish parliament and northern Irish and welsh assembles. Which shows how parliamentary so can be considered more important as it can easily repeal the devolution acts making the UK a unitary state again?