notsure22211222
Badges: 9
Rep:
?
#1
Report Thread starter 7 months ago
#1
Could someone explain these to me?

-Parliamentary Sovereignty
-Prerogative Powers
-Separation of Powers
0
reply
awkwardaf
Badges: 10
Rep:
?
#2
Report 7 months ago
#2
Hello,

The amount of detailed required depends on which level of education your at but I’ll try to summarise some key points for u

*****I’m writing this from the top of my head so I’d recommend you use these as mere topic points which u can further look into. THERE IS OBVIOUSLY MORE THAT U CAN DISCUSS BUT THIS IS JUST WHAT I REMEMBER lol*****

Parliamentary Sovereignty
Parliament is sovereign. This means that in the UK, Parliament is the highest level of authority. A.V.Dicey Orthodox understanding suggests that since parliament is sovereign it can make and unmake any law. No other person or body has the right under English law to set aside these laws. Also, no Parliament can bind its successor.
- Parliament may be considered sovereign due to the English Civil War.
- Manner and form theory: Parliament may bind its successors by the manner and form which future legislation may take. For example, orbiter in Jackson 2015 suggests that Parliament may bind its successor by requiring a referendum before abolishing an Act.
- there are limits to Parliaments sovereignty e.g. political. Might be interesting to look in devolution and the sewel convention.


Prerogative Powers
- basically residual powers for the crown. In theory it’s the executive using them but in the crowns name.
- might be useful to look at the Miller Case 2017 here. Basically it was a judicial review into the legality of Boris’ prorogation of Parliament.

Separation of Powers
- Can refer to Montesquieu
- 3 branches of state = Legislature (Parliament), Executive (Government) and Judiciary.
- This theory is that these branches of states should be kept separate. This is to prevent tyranny and to ensure efficiency.
- in UK SoP is not strict. There is overlap e.g. Henry VIII powers, judicial review.
-have seen attempts to strengthen e.g constitutional reform act 2005 which reformed role of Lord Chancellor who previously was involved in all 3 branches.
1
reply
notsure22211222
Badges: 9
Rep:
?
#3
Report Thread starter 7 months ago
#3
(Original post by awkwardaf)
Hello,

The amount of detailed required depends on which level of education your at but I’ll try to summarise some key points for u

*****I’m writing this from the top of my head so I’d recommend you use these as mere topic points which u can further look into. THERE IS OBVIOUSLY MORE THAT U CAN DISCUSS BUT THIS IS JUST WHAT I REMEMBER lol*****

Parliamentary Sovereignty
Parliament is sovereign. This means that in the UK, Parliament is the highest level of authority. A.V.Dicey Orthodox understanding suggests that since parliament is sovereign it can make and unmake any law. No other person or body has the right under English law to set aside these laws. Also, no Parliament can bind its successor.
- Parliament may be considered sovereign due to the English Civil War.
- Manner and form theory: Parliament may bind its successors by the manner and form which future legislation may take. For example, orbiter in Jackson 2015 suggests that Parliament may bind its successor by requiring a referendum before abolishing an Act.
- there are limits to Parliaments sovereignty e.g. political. Might be interesting to look in devolution and the sewel convention.


Prerogative Powers
- basically residual powers for the crown. In theory it’s the executive using them but in the crowns name.
- might be useful to look at the Miller Case 2017 here. Basically it was a judicial review into the legality of Boris’ prorogation of Parliament.

Separation of Powers
- Can refer to Montesquieu
- 3 branches of state = Legislature (Parliament), Executive (Government) and Judiciary.
- This theory is that these branches of states should be kept separate. This is to prevent tyranny and to ensure efficiency.
- in UK SoP is not strict. There is overlap e.g. Henry VIII powers, judicial review.
-have seen attempts to strengthen e.g constitutional reform act 2005 which reformed role of Lord Chancellor who previously was involved in all 3 branches.
Thank you so much for taking your time to explain these terms to me I really appreciate it, this helped me a lot.
1
reply
legalhelp
Badges: 16
Rep:
?
#4
Report 7 months ago
#4
(Original post by awkwardaf)
Hello,

The amount of detailed required depends on which level of education your at but I’ll try to summarise some key points for u

*****I’m writing this from the top of my head so I’d recommend you use these as mere topic points which u can further look into. THERE IS OBVIOUSLY MORE THAT U CAN DISCUSS BUT THIS IS JUST WHAT I REMEMBER lol*****

Parliamentary Sovereignty
Parliament is sovereign. This means that in the UK, Parliament is the highest level of authority. A.V.Dicey Orthodox understanding suggests that since parliament is sovereign it can make and unmake any law. No other person or body has the right under English law to set aside these laws. Also, no Parliament can bind its successor.
- Parliament may be considered sovereign due to the English Civil War.
- Manner and form theory: Parliament may bind its successors by the manner and form which future legislation may take. For example, orbiter in Jackson 2015 suggests that Parliament may bind its successor by requiring a referendum before abolishing an Act.
- there are limits to Parliaments sovereignty e.g. political. Might be interesting to look in devolution and the sewel convention.


Prerogative Powers
- basically residual powers for the crown. In theory it’s the executive using them but in the crowns name.
- might be useful to look at the Miller Case 2017 here. Basically it was a judicial review into the legality of Boris’ prorogation of Parliament.

Separation of Powers
- Can refer to Montesquieu
- 3 branches of state = Legislature (Parliament), Executive (Government) and Judiciary.
- This theory is that these branches of states should be kept separate. This is to prevent tyranny and to ensure efficiency.
- in UK SoP is not strict. There is overlap e.g. Henry VIII powers, judicial review.
-have seen attempts to strengthen e.g constitutional reform act 2005 which reformed role of Lord Chancellor who previously was involved in all 3 branches.
Just worth noting that the Miller case challenging the prorogation of parliament was the 2019 case (Miller 2), not the 2017 one (Miller 1).
2
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

What support do you need with your UCAS application?

I need help researching unis (8)
12.5%
I need help researching courses (5)
7.81%
I need help with filling out the application form (3)
4.69%
I need help with my personal statement (27)
42.19%
I need help with understanding how to make my application stand out (16)
25%
I need help with something else (let us know in the thread!) (2)
3.13%
I'm feeling confident about my application and don't need any help at the moment (3)
4.69%

Watched Threads

View All