Parliamentary sovereignty is a fundamental and distinctive aspect of the United Kingdom’s constitution, holding a position of utmost significance in the political and legal framework of Scotland. This principle establishes that the Scottish Parliament possesses the ultimate legal authority to create, amend, or repeal laws without any external interference, including from the judiciary. Its importance cannot be overstated, as it underpins the very foundation of Scottish democracy, the rule of law, and the relationship between the government and the people of Scotland.
At its core, parliamentary sovereignty signifies that the will of the Scottish people, as expressed through their elected representatives in the Scottish Parliament, reigns supreme. Members of the Scottish Parliament (MSPs), who are elected by the Scottish electorate, play a pivotal role in this democratic process. These MSPs are entrusted with the responsibility of making decisions and crafting laws that reflect the evolving needs, values, and aspirations of the people of Scotland. In essence, parliamentary sovereignty ensures that the Scottish government remains accountable to the citizens it serves.
The historical roots of parliamentary sovereignty in Scotland can be traced back to the development of Scottish constitutional law, which evolved in parallel with that of England. Scotland had its own unique legal and political traditions, which included the Declaration of Arbroath in 1320, asserting Scotland’s independence and the authority of its leaders. The Treaty of Union in 1707 formally united Scotland with England, creating the Kingdom of Great Britain. While this union fundamentally altered the political landscape, it did not eradicate the distinctiveness of Scottish law and institutions.
The concept of parliamentary sovereignty gained further prominence with the establishment of the devolved Scottish Parliament in 1999. This marked a significant step in Scotland’s constitutional journey, granting the Scottish Parliament legislative powers over a range of domestic issues. While the UK Parliament in Westminster retained authority over reserved matters, such as defence and foreign affairs, the Scottish Parliament had the autonomy to make decisions on education, health, and justice within its devolved competence.
The importance of parliamentary sovereignty in the Scottish context lies in its role as a defender of Scottish democracy. It ensures that the elected representatives in the Scottish Parliament have the authority to shape the laws and policies that directly impact the lives of the people of Scotland. This democratic mandate guarantees that the government remains responsive to the will of the Scottish electorate, fostering a dynamic and adaptable legal framework that aligns with Scotland’s distinct needs.
Moreover, parliamentary sovereignty serves as a cornerstone of the rule of law in Scotland. The legal system in Scotland derives its authority from legislation enacted by the Scottish Parliament, ensuring that the judiciary can interpret and apply the law while respecting the boundaries set by the legislature. This separation of powers between the legislative and judicial branches is essential for preserving the integrity of the Scottish legal system.
However, it’s worth noting that the concept of parliamentary sovereignty has faced challenges, particularly in the context of the UK’s relationship with the European Union (EU). As a devolved nation within the UK, Scotland was affected by the legal implications of EU membership. The Brexit referendum in 2016 and the subsequent negotiations brought to the forefront questions about the extent of Scotland’s autonomy and the impact of EU withdrawal on devolved powers.
In 2020, the UK formally left the EU, and the EU (Withdrawal) Act 2018 reaffirmed the supremacy of UK law. However, the relationship between parliamentary sovereignty and international law remains a complex issue, as Scotland continues to engage in international agreements and treaties.
In conclusion, parliamentary sovereignty remains a fundamental and distinctive feature of Scotland’s constitutional landscape. It safeguards Scottish democracy, ensuring that elected representatives in the Scottish Parliament have the authority to shape the nation’s laws. Additionally, it upholds the rule of law and maintains a clear separation of powers between the legislative and judicial branches. Despite the challenges posed by evolving constitutional dynamics, parliamentary sovereignty remains central to Scotland’s constitutional identity, preserving the interests and values of the people of Scotland.
