Parliamentary sovereignty
Parliamentary sovereignty is the principle that Parliament is the supreme legal authority: it can make or unmake any law, and no court or other body can override or set aside an Act of Parliament.
Last reviewed 14 June 2026
Classically stated by A.V. Dicey, it has three limbs: Parliament can legislate on any matter, no Parliament can bind its successors, and no body — including the courts — can question the validity of an Act.
It is qualified in practice by the Human Rights Act 1998 (courts may declare incompatibility but not strike down legislation), devolution, and formerly EU membership. Jackson v Attorney General [2005] UKHL 56 contains influential discussion of its limits.
Key cases
- Jackson v Attorney General [2005] UKHL 56
- R (Factortame Ltd) v Secretary of State for Transport (No 2) [1991] 1 AC 603
- Thoburn v Sunderland City Council [2002] EWHC 195 (Admin)
Frequently asked questions
What is parliamentary sovereignty?
The doctrine that Parliament is the supreme law-maker: it can pass any law, cannot bind future Parliaments, and its Acts cannot be overridden by the courts (Dicey).
Can the courts strike down an Act of Parliament?
No. Under the Human Rights Act the courts can issue a declaration of incompatibility, but they cannot invalidate primary legislation.