constitution Flashcards
3 main arguments that Brexit has increased parliamentary sovereignty.
-No longer a higher court able to strike down legislation passed by parliament.
-Parliament has a wider scope of legislation; able to legislate on areas previously controlled by EU.
-Court cases surrounding Brexit have led to an increase in parliamentary sovereignty.
3 main arguments that Brexit hasn’t increased parliamentary sovereignty.
-NI remains aligned with EU law limiting the extent to which parliament has regained all of its sovereignty.
-Lost pooled sovereignty of being in the EU
-Much of the power regained is exercised by the executive rather than parliament.
Evidence that parliamentary sovereignty has been regained post-Brexit due to removal of a higher court.
-While it was an EU member, the UK had to accept the supremacy of EU law; any UK law which contradicted EU law could be struck down by ECJ or UKSC.
-Eg. Factortame case: Merchant Shipping Act 1988 breached EU law and the UK had to back down.
Evidence of NI alignment with the EU undermining parliamentary sovereignty.
-Over 300 EU directives and regulations remain applicable in Northern Ireland eg. in the production of goods.
-Application of EU law in NI is subject to EU oversight as if it was a member state.
-Still areas where parliament isn’t sovereign.
Evidence of parliament having a wider legislating scope post- Brexit
-EU previously controlled policy areas like trade, agriculture, fisheries and other areas of regulation.
-1993-2014, 231 Acts of parliament implemented EU obligations.
-Regain of control over policy areas demonstrated through 2023 Illegal Migration Bill- an area previously EU controlled. Also UK’s privatisation of ports.
Evidence of parliament having lost sovereignty after leaving the EU.
-UK has lost the pooled sovereignty of being in the EU
-UK had opt-outs from EU policies it opposed- this limits the amount of sovereignty lost; eg. opted out of having the Euro as currency.
-Leaving the EU= a loss of global influence through pooled sovereignty.
Evidence that the increase in power post-Brexit has mainly benefitted the executive.
-Much of the legislation passed which encompasses EU law was done via secondary legislation; 1994-2014 4200 pieces of 2ndary legislation opposed to 231 pieces of primary legislation implemented EU obligations.
-Increased control over trade directly benefits the executive since trade deals are made without parliamentary approval.
Evidence of court cases during the Brexit process strengthening parliamentary sovereignty.
-Gina Miller case (Miller vs the Secretary of State for exiting the EU) confirmed the necessity of a majority vote in parliament to unmake a treaty which originally required parliament’s consent.
-2019 Prorogation Case (Miller vs the Prime Minister) reaffirmed parliament’s sovereignty and protected its ability to hold the executive to account.
