EU And Sovereignty A01 Flashcards
Parliament remains sov because of devolution
Legal sov remains, devolution is different to federalism - has the ability to repeal the devolution acts if it wished to do so
NI government can be suspended and parliament regains control of domestic areas
1972 storming parliment suspended
Since Good Friday agreement NI assembly been suspended 6 times
2023 GRB - using section 35 of Scotland act 2016
Parliment has lost sov because of devolution
Many areas of domestic law are now in the remit of devolved institutions
- NI is a special cases because of religious tension and should not be precedent. And will not apply to anywhere else
Very unlikely that parl would remove devolved powers, any change would need to be in a referendum as set out in the acts of 2015 and 2016
Said to be quasi federal and parliament would face huge backlash, which they wouldn’t risk
Parliment is sovereign because of rights
SCOTUK cannot strike down legislation
Declarations of incompatability are recommendations and can be ignored parliment has the final say in determing legislation
Bel marsh case and indefinite detention ( home sec didn’t release )
Talk of repealing the HRA - right wing shellac braverman 2024
British bill of rights Conservative Party remains committed
Parliment isn’t sovereign because of rights
It is compelled to respond to court decisions despite being legally sovereign
Most cases have resulted in a change of the law - stein field and keidan altered law
Remains sov because of the EU
Parliment still had to agree to EU treaty ratification
Could have chosen to ,eave at any time - ,iller v sec state showed how parliment always had to be the institution to leave the EU.
EU only legislated on certain areas ( agriculture and fishing CAP and common fisheries policy)
Other areas were unaffected by our membership with them.
Uk opted out of the euro
1986 parliment passed single European act replaced unanimous decision making with QMV
Parliment isn’t sovereign because of the EU
Factortame 1991 - eu law took precedent over uk law.
Increased use of QMV meant that eu were able to impose restrictions on the uk without any approval - eu direct cap on bankers bonuses. Chancellor strongly opposed but due to uk objections it was still, passed using QMV. Directly affected financial sector in the uk, arguably erases any sovereignty as we do not have a say.
Areas where the beau had competency the uk unable to set own policy’s
After Brexit copied over many EU laws into UK law - badenoch 2023 3500 pieces became uk law with very little change - sunset laws
