ETVT leaving the EU has increased Parliamentary sov a significant amount Flashcards
(11 cards)
debate theme 1 -
There Is No Longer A Higher Court That Can Strike Down Legislation Passed By Parliament’s
LOA/judgement - yes apart from Northern Ireland
debate 1- for argument (LOA)
When Britain was a member of the EU, the UK accepted the supremacy of EU Law over laws
passed by Parliament and therefore the sovereignty of EU law.
This meant that if a law was passed by the UK Parliament that contradicted EU law, the
European Court of Justice and Supreme Court could strike it down and force Parliament to
remove/change it.
Now that Britain has left the EU, there is no higher court that can strike down laws passed by
Parliament, therefore increasing parliamentary sovereignty and reducing the power of the UK
Supreme Court
debate 1 - against
Northern Ireland remains aligned with EU law in some areas, in order to maintain a frictionless
border with the Republic of Ireland.
Over 300 EU directives and regulations continue to apply in Northern Ireland. For example,
goods produced in Northern Ireland must comply with EU law in some areas covered by the
Northern Ireland Protocol, even after changes made by the Windsor Framework.
Even following the Windsor Framework changes to the Northern Ireland Protocol, the
application of EU law in Northern Ireland is therefore subject to EU oversight as if it were a
member state.
The UK government/parliament could therefore be taken to the European Court of Justice if
it didn’t comply with the areas of EU law that still apply in Northern Ireland.
This shows how parliamentary sovereignty is still limited in relation to Northern Ireland, as
EU law is still higher law in some areas and the European Court of Justice enforces this.
debate theme 2 -
Parliament Can Now Legislate On Topics Previously Controlled By The EU
LOA/judgement - in terms of P sov - YES
debate theme 2 - for
When the UK was a member of the EU, the EU controlled many significant areas of policy, in
particular trade, agriculture, fisheries and many other aspects of regulation.
This therefore limited the extent to which Parliament was the key law making body in the
UK, as there were key areas of policy it couldn’t legislate on.
Between 1993 and 2014 there were 231 Acts of Parliament passed that implemented EU
obligations.
Now that the UK has left the EU, Parliament has the power to legislate on all of these areas of
policy in any way it wants, rather than having to draft legislation that is in line with EU law.
The Retained EU Law (Revocation and Reform) Act 2023, which received Royal Assent on June 29, significantly altered the legal landscape of the UK post-Brexit by ending the
special status of retained EU law.
Rather than continuing to be higher law, retained EU laws are now the same as normal
laws passed by Parliament.
This also allowed Parliament to easily revoke/amend these laws to make them better suited to the UK post-Brexit.
For example, a number of regulations on ports (which had required all ports in the EU to
deliver rigorous reporting) were removed, increasing efficiency for the UK’s ports, which are most privately owned compared to most ports in the EU which are publicly owned.
A good example of Parliament legislating in an area of policy the EU used to have significant
control over (immigration) is the Illegal Migration Bill introduced by the government in March
2023.
It can also be argued that Parliament has regained a significant amount of this sovereignty from the UK government, as it used to be the government (and the Prime Minister in particular) that represented Britain in EU negotiations over policy controlled by the EU, however now Parliament has significant control.
debate theme 2- against
Those who supported EU membership argued that sovereignty wasn’t lost through EU membership, but pooled with the sovereignty of other countries, and the UK therefore gained influence on the global stage it couldn’t have on its own.
Further, whilst in the EU, the UK
was able to have this pooled sovereignty whilst also having
opt-outs from some EU policies it opposed, therefore limiting the amount of sovereignty that
was lost by the UK Parliament.
For example, Britain opted out from adopting the Euro as a currency as they were not
willing to surrender economic sovereignty and control over interest rates to the European Central Bank.
By leaving the EU, the UK has lost this greater global influence it had through pooled
sovereignty y. The overall sovereignty and influence of Parliament can therefore be seen to have
decreased
debate theme 3 -
Is It Actually Executive Sovereignty That Has
Increased?
debate theme 3 against -
Whilst it is true that the UK has gained a lot of control over areas of policy previously controlled
by the EU, it can be argued that much of this control has been gained by the executive rather
than by Parliament.
A great deal of EU law that has been incorporated into UK law has been done through
secondary legislation (controlled by the government), rather than through primary
legislation.
Between 1993 and 2014, whilst just 231 Acts of Parliament were passed that
implemented EU obligations, over 4200 pieces of secondary legislation were passed
that did so.
The Retained EU Law (Revocation and Reform) Bill introduced by the government intends to
give the vast majority of the power to amend/replace/repeal formerly EU regulations to the
executive rather than to Parliament.
For example, a significant area of policy control regained by the UK since leaving the EU is over
trade. The UK government has the power to make trade deals without parliamentary approval,
with Parliament only scrutinising deals once they’ve already been agreed.
The March 2023 UK-Asia trade deal (joining the The Comprehensive and Progressive
Agreement for Trans-Pacific Partnership - CPTPP), for example, was signed without
parliamentary consent.
It can therefore be argued that the power of the executive has increased, rather than the
sovereignty of Parliament
debate theme 3 - FOR
On the other hand, a number of Supreme Court cases during the process of leaving the EU
strengthened parliamentary sovereignty against an overarching executive.
The Article 50 Case (Miller v Secretary of State for Exiting the European Union) confirmed
that a majority vote in Parliament was necessary to unmake a treaty that had originally
required the consent of Parliament.
The case also ruled that the Scottish, Welsh and Northern Irish Parliaments had no
rights to veto an Act of Parliament giving consent to Article 50.
The 2019 Prorogation Case (Miller v The Prime Minister) reaffirmed the sovereignty of
Parliament and protected its ability to hold the government to account against an overarching executive.
The 2018 Legal Continuity Scotland Bill Case ruled that control over legislation previously held by the EU that related to devolved matters should not be immediately granted to Scotland, but retained by the UK Parliament which could then decide whether to devolve
them to Scotland.
The process of Brexit can therefore be seen as reaffirming Parliament’s sovereignty in relation
to the executive and ensuring that the sovereignty regained from the EU goes to Parliament and
not the government
debate theme 3 overall judgement -
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.
This shouldn’t be seen as not increasing Parliamentary Sovereignty, though, as the
Government are all MPs and ultimately come from Parliament, whilst the executive remains
accountable to Parliament for its decisions.
conclusion -
In conclusion, Parliamentary Sovereignty has significantly increased since leaving the EU.
Whilst it is true that the UK has lost influence by leaving the EU, that Parliament isn’t completely
sovereign over Northern Ireland and that much of the regained sovereignty will be exercised in
practice by the executive, these should be seen as minor limitations.
The fact that there is no longer a higher court that can strike down Parliament’s laws and
that Parliament can now legislate on policy areas previously held by the EU are major
changes and have resulted in a significant increase in the sovereignty of Parliament.
