ETVT leaving EU has increased parliamentary sovereignty Flashcards
- against- parliament hasn’t regained same level of sovereignty over NI
Northern Ireland and EU Law (Post-Brexit):
Northern Ireland remains aligned with certain EU laws to maintain a frictionless border with the Republic of Ireland, as per the Northern Ireland Protocol and the Windsor Framework.
Over 300 EU directives and regulations still apply in Northern Ireland, such as regulations for goods produced in the region.
Despite Brexit, the UK government is still subject to EU oversight in these areas, and if it doesn’t comply with EU law, it could be taken to the European Court of Justice (ECJ).
Impact on Parliamentary Sovereignty:
This ongoing alignment with EU law means parliamentary sovereignty is still limited in Northern Ireland, as EU law takes precedence in certain areas, and the ECJ enforces compliance.
- for no longer a higher court to strike down leg.
EU Law Supremacy (Pre-Brexit):
The UK accepted EU law’s supremacy over UK laws, meaning if UK laws contradicted EU law, the European Court of Justice (ECJ) and UK Supreme Court could strike them down.
Example: The Factortame Case (1990): UK Parliament’s Merchant Shipping Act 1988 was found to breach EU law, forcing Parliament to amend the law.
Post-Brexit:
Following Brexit, the UK is no longer bound by EU law, meaning there is no higher court (like the ECJ) to override UK legislation, increasing parliamentary sovereignty and reducing the role of the UK Supreme Court.
- for parliament can now legislate on issue eu had control over
Parliamentary Sovereignty Pre-Brexit:
While the UK was a member of the EU, EU law took precedence in many significant policy areas, such as trade, agriculture, fisheries, and regulation.
Parliament could not legislate freely in these areas, as it had to comply with EU law, with 231 Acts of Parliament passed between 1993 and 2014 to implement EU obligations.
Post-Brexit Changes (Increased Parliamentary Sovereignty):
Parliament regained control over areas previously governed by EU law, enabling it to legislate freely without aligning with EU law.
The Retained EU Law (Revocation and Reform) Act 2023 ended the special status of EU law, making it subject to normal parliamentary procedures, allowing for revocation or amendment.
Example: Ports regulation previously under EU law was repealed, improving the efficiency of UK ports.
Example of New Parliamentary Control:
The Illegal Migration Bill (2023) is an example of Parliament legislating independently in areas such as immigration, which were once heavily controlled by the EU.
Shift in Sovereignty:
Before Brexit, the UK government (especially the PM) represented the UK in EU negotiations. Post-Brexit, Parliament has regained substantial sovereignty, with greater control over policy-making, especially in areas once controlled by the EU.
- against- lost pooled sov
Pro-EU Argument (Pooled Sovereignty):
Supporters of EU membership argued that sovereignty wasn’t fully lost, but rather pooled with other member states, granting the UK greater global influence than it could have had alone.
The UK retained opt-outs from certain EU policies, reducing the sovereignty lost, such as opting out of adopting the Euro and maintaining control over its economic policies (e.g., interest rates).
Post-Brexit Impact on Sovereignty and Influence:
By leaving the EU, the UK lost its global influence that stemmed from pooled sovereignty, as it no longer had a say in EU-wide decisions and policies.
This loss of influence suggests that overall parliamentary sovereignty may have decreased, as the UK no longer holds the same level of influence within global institutions like the EU.
- against is it actually executive sov that has increased?
Executive Control Over Policy:
While the UK regained control over areas previously governed by the EU, much of this control has shifted to the executive, not Parliament.
A large proportion of EU law was incorporated into UK law via secondary legislation, which is controlled by the government, not Parliament. Between 1993 and 2014, over 4200 pieces of secondary legislation were passed, compared to just 231 Acts of Parliament.
Retained EU Law (Revocation and Reform) Bill:
The Retained EU Law Bill increases executive power by allowing the government to amend/replace/repeal EU regulations, bypassing Parliament.
Trade Deals Without Parliamentary Approval:
The government can make trade deals without parliamentary consent, with Parliament only scrutinising them after they are signed. For instance, the March 2023 UK-Asia trade deal was signed without parliamentary approval.
- for key court cases in process of brexit strengthened parliamentary sovereignty
Article 50 Case (Miller v Secretary of State for Exiting the EU):
The Supreme Court ruled that Parliament must approve any treaty changes (like Article 50), reaffirming parliamentary sovereignty in the Brexit process.
It also stated that devolved parliaments (Scotland, Wales, Northern Ireland) had no right to veto an Act of Parliament giving consent to Brexit.
Prorogation Case (Miller v The Prime Minister, 2019):
This case reaffirmed parliamentary sovereignty by ruling against the Prime Minister’s prorogation of Parliament, protecting Parliament’s ability to hold the government to account.
Legal Continuity Scotland Bill Case (2018):
The Supreme Court ruled that post-Brexit legislation on devolved matters should be under the control of the UK Parliament, not automatically devolved to Scotland, ensuring Parliament’s power over legislative control.
sections
- no longer higher court vs hasn’t regained NI
- legislate on previous eu issues vs lost pooled sov
- much of sov goes to executive not parliament vs key court cases
key examples
how many EU directives remain in NI
which act got striked down pre brexit
how many parliamentary acts passed to implement eu law 1993-2014
what was the retained eu law
example of new parliamentary control
1993-2014 how mich 2nd leg passed
march 2023?
3 court cases that strengthen parliament
1.300
2. 300
3. factorame act
4. 231
5.The Retained EU Law Bill increases executive power by allowing the government to amend/replace/repeal EU regulations, bypassing Parliament
6. illegal immigratin bill 2023
7. + 4200
8.The government can make trade deals without parliamentary consent, with Parliament only scrutinising them after they are signed. For instance, the March 2023 UK-Asia trade deal was signed without parliamentary approval.
9.Article 50 Case (Miller v Secretary of State for Exiting the EU):
The Supreme Court ruled that Parliament must approve any treaty changes (like Article 50), Prorogation Case (Miller v The Prime Minister, 2019):
This case reaffirmed parliamentary sovereignty by ruling against the Prime Minister’s prorogation of Parliament, Legal Continuity Scotland Bill Case (2018):
The Supreme Court ruled that post-Brexit legislation on devolved matters should be under the control of the UK Parliament, not automatically devolved to Scotland, ensuring Parliament’s power over legislative control.
LOA
Overall, though key court cases during the process of Brexit did reaffirm Parliamentary
Sovereignty, it remains true that a lot of the power regained from the EU will be exercised by the
executive.
