Parliamentary Sovereignty

 

That’s a classic constitutional conundrum, and a great opportunity to slice through the fog with some clarity and bite.

While parliamentary sovereignty means Parliament can make or unmake any law it chooses, judicial review still plays a crucial role—especially when it comes to human rights and administrative fairness. Even if a policy like PIP cuts is embedded in legislation, courts can still scrutinize how it's implemented. For example:

• If the implementation of the law violates the Equality Act 2010, the Human Rights Act 1998, or principles of procedural fairness, it can be challenged.
• The courts can’t strike down the Act itself, but they can issue a declaration of incompatibility under the Human Rights Act, putting political pressure on Parliament to amend it.
• They can also rule that specific decisions made under the Act are unlawful—especially if they’re discriminatory, irrational, or made without proper consideration of individual circumstances.

So no, parliamentary sovereignty doesn’t give the government a blank cheque. It’s not about whether the law exists—it’s about how it’s wielded. And if the DWP starts using that law like a blunt instrument, the courts can still step in and say, “Not like that, you don’t.”