Elective Dictatorship - Constitutional Background

Constitutional Background

In the United Kingdom, ultimate legislative sovereignty resides in Parliament (Parliamentary sovereignty). Parliament may pass any legislation on any subject it wishes. Parliament operates without restraints such as, for instance, an obligation to legislate in accordance with fundamental constitutional rights. The apparent exceptions to this rule are situations in which Parliament has chosen to limit itself as with the case of implemention of European Union law in which Parliament has given the European Court of Justice authority to strike down UK legislation that it deems to be contrary to EU law (see Factortame case), but could withdraw such authority.

Parliament consists of the House of Lords, the House of Commons and the Monarch. The customary common law rule is that in order for a bill to become an act of Parliament, it is necessary for it to be passed in both the Commons and the Lords. The bill will then go before the Monarch who has formal discretion whether to assent to the bill. On receiving Royal Assent, it will become an Act of Parliament and will be applied by the courts.

Such is the theory; in practice Royal Assent has become a formality, the monarch has not refused (or threatened to refuse) assent to a bill for some 300 years (Queen Anne in 1708). Further, since 1911, the House of Lords has lost its position of equality with the Commons. The Parliament Acts of 1911 and 1949 reduced the power of the Lords from an absolute veto to a suspensive veto. Once the same bill has been passed by the Commons and rejected by the Lords in two different sessions of Parliament, a third introduction of the bill will require only the consent of the Commons. Such a bill will then go for Royal Assent and will become law, irrespective of the view of the Lords. The Commons have, therefore, become the dominant component of Parliament - whoever controls the Commons controls Parliament, the primary legislative body of the land.