The UK constitutional system is a system of judicial sovereignty and not of parliamentary sovereignty. When the UK joined the European Communities (now European Union), the judges decided parliamentary sovereignty is over. When Brexit ensued, the judges suddenly changed their mind and parliamentary sovereignty was back. They decided out of the blue that there is a ‘creature’ called ‘constitutional statutes’ that limits parliamentary sovereignty. Judges even erected limitations of Parliament’s power to legislate without any basis in legislation. So how exactly is
Parliament sovereign?”
Discuss.
