Sovereignty Flashcards
The EU Act of 2011 was a precursor to the 2016 referendum. What did this act do?
The European Union Act 2011 was a UK law requiring a referendum before any major transfer of powers from the UK to the EU, reinforcing parliamentary sovereignty.
It was meant to limit further EU integration, reflecting growing Euroscepticism.
What is a ‘referendum lock’?
The EU Act of 2011 was adopted to ensure that any future transfer of sovereignty from the UK to the EU will be submitted to a referendum. Thus, a “Referendum Lock” is introduced.
There were four legal mecahnisms that reinforced British sovereignty. What were they?
- The referendum lock of the EU Act 2011
- Act of Parliament (Parliamentary control) + ratchet clauses
- Schedule 1 of the EU act (list of veto-able articles)
- Sovereignty Clause section 18 (reaffirms soveriegnty of parliament)
How was parliamentary control implemented and what was its effect on sovereignty?
The UK required an Act of Parliament for any changes to EU treaties, meaning that the UK had to pass legislation for any treaty changes that could affect sovereignty.
What was the Schedule 1 of the European Union Act?
A list of EU treaty articles where the UK held a veto power. For the UK to give up its veto, it had to be approved by Parliament or through a referendum. This included key areas like foreign policy, tax, defence, and citizenship (key sovereign issues)
What is the Sovereignty Clause (Section 18)
The Sovereignty Clause reaffirmed that the UK Parliament was sovereign, and EU law applied in the UK only due to the European Communities Act 1972. This established that EU laws were only valid in the UK because Parliament allowed them.
What was a major issue with the EU act 2011?
The EU Act 2011 set legal constraints to prevent future governments from making major decisions without first consulting Parliament or holding a referendum.
While the UK could theoretically repeal these laws, the EU Act made it more difficult to transfer powers to the EU without the public’s consent.
Describe the issue of sovereignty and devolution?
Sovereignty in the UK is traditionally understood as lying with Parliament, meaning that Parliament has the supreme power to make and unmake laws.
Devolution, however, has transferred certain powers to regions like Scotland, Wales, and Northern Ireland, allowing them to make decisions on domestic issues (e.g., education, health). This creates a complex balance of power, as the UK remains a unitary state with Parliament at the centre, but with more powers delegated to regional governments.
What is the West Lothian question?
The West Lothian Question illustrates the issue of MPs from devolved regions (e.g., Scotland) voting on matters that only affect England, leading to perceived imbalances and unfairness. This undermines the notion of one Parliament being supreme and raises concerns over regional sovereignty within the broader UK context.
The introduction of English Votes for English Laws (EVEL) tried to address this, but the procedure was criticized for creating inequality among MPs based on constituency, and was eventually scrapped.
What was Brexit’s impact on devolution and soveriegnty?
With Brexit, the UK Parliament’s ability to override devolved laws has grown, as seen with the Internal Market Act 2020, which was passed despite rejection by devolved governments. This has reinforced parliamentary sovereignty, where Westminster remains supreme, even over matters that were previously devolved.
While devolution allowed for a more federal-like system, it is still ultimately subject to parliamentary sovereignty, meaning the UK Parliament can repeal or change devolved powers.
How did Brexit impact Scotland’s issue of independence?
Brexit caused a constitutional crisis, as Scotland’s desire to remain in the EU clashed with the UK’s decision to leave. The SNP argues that Scotland should have the right to decide its future, including EU membership, and Brexit has hurt Scotland’s economy in sectors like fishing, agriculture, and manufacturing.
This situation underscores a sovereignty paradox: while the UK asserts its sovereignty by leaving the EU, parts of the UK (like Scotland) seek to reclaim sovereignty over their own future, including rejoining the EU.
What were the results of the Scottish Independence Referendum (2014)?
In 2014, Scotland held a referendum on independence, with 55% voting to remain in the UK. However, the issue of EU membership was central, with pro-independence groups arguing Scotland would retain EU membership as an independent nation.
