The EU and Parliament

Question 1

What was the result of the Brexit referndum

Answer 1

52 (leave) - 48 (remain)

Question 2

What are the factors that have influenced the promotion of closer integration to Europe?

Answer 2

-Promoting peace, the founding members were determined to avoid another conflict following WWII

-Economic integration and the Single Market, members wanted to break down barriers to trade with passing of the Single European Act (1984) to ensure the free movement of: Goods, Services, People and Capital

-Economic and Monetary Union, leading to creation of a European Central Bank and single currency

-Enlargement, to create greater trading block and include eastern and central states that, until early 1990s had been under communist rule

-Social policy, to balance economic freedom in fear that firms may exploit countries with weaker prtections to workers

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Question 3

What is Parliamentary Sovereignty

Answer 3

Means Parliament can make laws on any subject, it is the only law making and amending body inBritain and no court or higher body, including the Supreme Court, can strike down a law passed by Parliament.

Question 4

What are the arguement’s that UK Parliament is now most sovereign due to Brexit

Answer 4

-There is no longer a higher court that can strike down legislation passed by Parliament

-Parliament can now legislate on issues the EU used to have control over

-Court cases during Brexit stengthened Parliamentary Sovereignty

Question 5

What are arguements that the UK Parliament has not become most sovereign post-Brexit?

Answer 5

-Parliament has not gained the same level of Sovereignty over Northern Ireland

-The UK has lost the pooled Sovereignty of being in the EU

-Much of the Sovereignty regained from the EU is exercised by the Executive

Question 7

What was the legal relationship between the UK Parliament and the EU before Brexit?

Answer 7

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.

Question 8

What did the supremacy of EU law mean for the UK Parliament?

Answer 8

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.

Question 9

What was the significance of the 1990 Factortame Case?

Answer 9

The 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 10

How has Brexit affected the authority of UK courts over parliamentary legislation?

Answer 10

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.

Question 11

Why has parliamentary sovereignty not fully returned in Northern Ireland after Brexit?

Answer 11

Northern Ireland remains aligned with EU law in some areas, in order to maintain a frictionless border with the Republic of Ireland.

Question 12

What legal obligations remain in Northern Ireland post-Brexit?

Answer 12

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.

Question 13

What does the Windsor Framework confirm about EU oversight in Northern Ireland?

Answer 13

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.

Question 14

How can the UK government be held accountable regarding EU law in Northern Ireland?

Answer 14

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.

Question 15

What does the application of EU law in Northern Ireland show about parliamentary sovereignty?

Answer 15

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.

Question 16

What is the judgement on parliamentary sovereignty and the EU post-Brexit regarding courts?

Answer 16

Overall, the fact that the European Court of Justice can no longer strike down laws passed by the UK Parliament is clearly a way in which Parliamentary Sovereignty has increased since leaving the EU. Though this isn’t the case in all areas of law applying to Northern Ireland, this is a minor limitation.

Question 17

What policy areas were controlled by the EU while the UK was a member?

Answer 17

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.

Question 18

How did EU control over these areas affect parliamentary sovereignty?

Answer 18

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.

Question 19

How many Acts of Parliament implemented EU obligations between 1993 and 2014?

Answer 19

Between 1993 and 2014 there were 231 Acts of Parliament passed that implemented EU obligations.

Question 20

What is the post-Brexit legal status of previously retained EU law?

Answer 20

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.

Question 21

What has the Retained EU Law Act allowed Parliament to do?

Answer 21

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.

Question 22

What is an example of Parliament repealing EU law after Brexit?

Answer 22

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.

Question 23

What is an example of Parliament legislating in a new policy area after Brexit?

Answer 23

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.

Question 24

How has Parliament gained sovereignty from the executive in EU policy areas post-Brexit?

Answer 24

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.

Question 25

What is the argument made by pro-EU voices about pooled sovereignty?

Answer 25

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.

Question 26

What opt-out did Britain retain during EU membership as an example of limited sovereignty loss?

Answer 26

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 27

How does leaving the EU affect the UK's global influence?

Answer 27

By leaving the EU, the UK has lost this greater global influence it had through pooled sovereignty. The overall sovereignty and influence of Parliament can therefore be seen to have decreased.

Question 28

What is the judgement about parliamentary sovereignty in policymaking after Brexit?

Answer 28

Overall, Parliamentary Sovereignty has increased due to the ability of Parliament to legislate on policy areas previously controlled by the EU. Though it is true that the UK’s overall sovereignty and influence has decreased, the extent to which Parliament is sovereign within UK policymaking can certainly be seen to have increased.

Question 29

How has the executive gained power over formerly EU-controlled policy areas?

Answer 29

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.

Question 30

How was EU law incorporated into UK law post-Brexit?

Answer 30

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.

Question 31

How many pieces of secondary legislation were used to implement EU obligations from 1993–2014?

Answer 31

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.

Question 32

What powers does the Retained EU Law Bill grant to the executive?

Answer 32

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.

Question 33

What is an example of the executive bypassing Parliament on trade post-Brexit?

Answer 33

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 CPTPP) was signed without parliamentary consent.

Question 34

What was the outcome of the Article 50 case?

Answer 34

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.

Question 35

What did the 2019 Prorogation Case establish?

Answer 35

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.

Question 36

What did the 2018 Legal Continuity Scotland Bill Case decide?

Answer 36

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.

Question 37

How did court cases during Brexit reaffirm Parliamentary Sovereignty?

Answer 37

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.

Question 38

What is the judgement regarding executive vs. parliamentary sovereignty post-Brexit?

Answer 38

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.

Question 39

What is the overall conclusion on the effect of Brexit on Parliamentary Sovereignty?

Answer 39

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.