Evaluate The View That Leaving The European Union Has Significantly Increased Parliamentary Sovereignty.

Question 1

P1: Agree No Longer A Court That Can Strike Down Legislation

Answer 1

1. UK accepted the supremacy of EU Law over laws passed by Parliament and therefore the sovereignty of EU law.
2. 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.
3. Supremacy of EU law was confirmed in the 1990 Factortame Case, when the Law Lords ruled that the Merchant Shipping Act 1988 passed by the UK Parliament breached EU law as
   it required UK registered ships to have a majority of British owners. As a consequence, the UK Parliament was forced to unmake the law.

Question 2

P1: Disagree Northern Ireland and EU Law

Answer 2

1. NI remains aligned with EU law in some areas, in order to maintain a frictionless border with the Republic of Ireland.
2. 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.
3. 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.
4. Therefore be taken to the European Court of Justice if it didnʼt comply with the areas of EU law that still apply in Northern Ireland.

Question 3

P2: Parliament On Legislate On EU issues

Answer 3

1. 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.
2. From 1993 and 2014 there were 231 Acts of Parliament passed that implemented EU obligations.
3. 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
4. A number of regulations on ports (which had required all ports in the EU to deliver rigorous reporting) were removed, increasing efficiency for the UKʼs ports.
5. Illegal Migration Bill introduced by the government in March 2023, as opposed to free movement.

Question 4

P2: Disagree Lost Pooled Sovereignty

Answer 4

1. 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.
2. 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. 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.

Question 5

P3: Disagree Increased Executive Sovereignty

Answer 5

1. Much of this control has been gained by the executive rather
   than by Parliament.
2. 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. 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.
3. 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.
4. March 2023 UKAsia trade deal (joining the CPTPP, for example, was signed without parliamentary consent).

Question 6

P3: Agree Court Cases Have Increased Sovereignty

Answer 6

1. 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. Also ruled that the Scottish, Welsh and Northern Irish Parliaments had no
   rights to veto an Act of Parliament giving consent to Article 50.
2. 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.
3. 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.