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Why can courts in the United Kingdom interpret statutes but not invalidate them?

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President Lyndon B. Johnson signs the Medicare Bill at a table beside former President Harry S. Truman, with Lady Bird Johnson and others standing behind them. — Legislation Former U.S. president Harry S. Truman (right) looking on as U.S. Pres. Lyndon B. Johnson signs the Medicare bill at the Harry S. Truman Library and Museum in Independence, Missouri, July 30, 1965.

In the United Kingdom, courts cannot invalidate acts of Parliament because of the principle of parliamentary sovereignty. Under accepted constitutional theory, Parliament—comprising the House of Commons, the House of Lords, and the monarch—is the supreme lawmaking body and possesses the authority to enact or repeal any law.1

Because Parliament is sovereign, it is not subject to the type of judicial review found in systems with a written constitution, where courts may strike down legislation as unconstitutional. Instead, the role of the judiciary is to interpret statutes to give effect to the legislature's intent.12

While courts do not have the power to invalidate primary legislation, they are tasked with interpreting it. For example, under Section 3 of the Human Rights Act 1998, courts are obligated to read and give effect to legislation in a way that is compatible with convention rights whenever possible. This allows judges to ensure that the application of the law aligns with fundamental rights without overriding the authority of Parliament itself.32