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The Eighteenth–Century Debate on the Sovereignty of Parliament

Published online by Cambridge University Press:  12 February 2009

H. T. Dickinson
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Extract

I hope to show in this paper that the national debate in the press and in parliament about the doctrine of the sovereignty of parliament is of crucial importance to a proper understanding of the politics and, still more, of the political ideology of eighteenth-century Britain. The significance that this doctrine had come to assume by the later eighteenth century becomes clearly apparent from any study of the dispute between Britain and the American colonies. In the final analysis the most serious point at issue between the mother country and her colonies rested on a fundamental disagreement over the nature and location of sovereignty. The majority of the ruling oligarchy in Britain saw parliament as the creator and interpreter of law and superior to any other rights or powers in the state. To the American colonists it appeared that the arbitrary and absolute power which Hobbes and Filmer had put in the hands of a king had been transferred to the whole legislature of King, Lords and Commons. In rejecting what they regarded as tyranny in another form, the colonists moved towards the concept of divided sovereignty with the people as the ultimate source of authority.

Type
Research Article
Information
Transactions of the Royal Historical Society , Volume 26 , December 1976 , pp. 189 - 210
Copyright
Copyright © Royal Historical Society 1976

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References

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57 Rights of Man, Part Two, chap. 4.

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62 A Letter to the Sheriffs of Bristol on the Affairs of America (1777) in Works, ii, pp. 27, 35. Even in his most conservative phase Burke, could write: ‘We have never dreamt that parliaments have any right whatever to violate property, to overrule prescription.’ Reflections on the Revolution in France, in Works, iik p. 423Google Scholar.

63 George III to Lord Chancellor Kenyon, , 7 03 1795. H.M.C., Lord Kenyon, pp. 542–43Google Scholar. Lord Kenyon tried hard to explain th e doctrine of parliamentary sovereignty to the king, but George was not convinced. Kenyon, G. T., The Life of Lloyd, First Lord Kenyon (London, 1873), PP 305–20Google Scholar.

64 Articles 1 and 5 of the Act of Union. Statutes at Large, xviii (London, 1800), PP. 359, 361Google Scholar.

65 I am indebted to my colleague F. D. Dow for her helpful comments on an earlier draft of this paper.