Acts of Parliament in The United Kingdom - Sovereignty

Sovereignty

In the UK there is still a presumption that Parliament is sovereign, however it is recognised that "Acts of Parliament are no longer sovereign but can be overruled if they incompatible with European Laws". Within that constraint Acts of Parliament are generally without limit. European Law can overturn such Acts because the European Communities Act 1972 agreed that UK law should not wish to conflict with European Law. However, if Parliament decided to, it could withdraw from the European Union and withdraw from all European law.

Similarly, although Parliament has devolved significant powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales, it is free to overrule or even abolish those institutions, although this would be unlikely in practice.

British law is also made through Statutory Instruments (SIs). These are laws which are made in the name of a government minister, exercising legislative powers delegated to him or her by Act of Parliament (known as the parent Act or enabling Act). Some of these must be approved by Parliament before they can become law, others need only be laid before Parliament a certain number of days (usually 40) before coming into force. They are used because they are much faster and simpler to implement than a full Act of Parliament, and are more easily amended to reflect changing circumstances. SIs are sometimes described as "secondary legislation, not second class legislation". Provided they fall within the power delegated by the enabling Act, they have the same force as an Act of Parliament, and much of the UK's law is made in this way. There are literally thousands of SIs each year, compared with around 50 Acts. Statutory Instruments are also used to bring Acts into force. Most Acts have sections that come into effect upon Royal Assent, or at a set date thereafter. However, other sections are brought into force using a SI which is titled (Commencement) No. # Order. Whilst most legislation has had a maximum of half a dozen Commencement Orders, this is not a strict limit as some Acts have had over 10.

Nothing can bind Parliament as a successive parliament can repeal the legislation.

International treaties are not effective in domestic UK law until enforced by an Act of Parliament (e.g. The European Communities Act, which brought the UK into the European Union, the Single European Act which allowed for the creation of the single European internal market or the Outer Space Act which deals with international treaties on Space).