The Impact of Brexit

Question 1

Major issues regarding Brexit

Trade

Answer 1

The UK is no longer part of the single’s market and the customs union - able to make its own trade agreements (yet not as effectively if the UK remained in the EU).

Question 2

Major issues regarding Brexit

Movement of Labour (migration)

Trade

Answer 2

• Channel crossings aren’t permitted - no longer part of the Dublin Convention.
• If an individual has no documents - unable to send them back and UK citiziens trying to travel to the EU can only stay for 90 days.
• Govt has plans to send illegal migrants to Rwanda, despite having few ways to safely traval and legally into the UK.

Question 3

Major Issue

Sovereignty

Answer 3

• Recentralised power to Westminister - heightened the debate of whether the UK has won back its legal sovereingty.
• But, if govt power is strengthened too much, it can be considered an elected dictatorship as holding govt to account is difficult.
• An unelected head of state/PM/HOL and the use of perogative powers is dangerous for democracy.

Question 4

Debate: Yes, the UK rewon its legal sovereignty via Brexit

Answer 4

• UK enjoys legal sovereignty = before Brexit, it was accepted in the factorame case that EU law had ‘primacy over the UK law’ - unable to pass laws conflicting with the EU.
• If popular will is divided (2016 Ref + 2017 GE), the net effect is to empower ordinary MPs who hold power in a hung parli (allows them to take control of decisions).
• Despite devolution, Parli retains the reserved powers to make decisions - the Sewel Convention is not legally binding.
• Parli Sov isn’t fxed and restricted by parliament assertion (small minority parties struggles to control the agenda).
• 2019 = Parli voted to take over the agenda using standing order 24 - pulled away from govt to initate its own votes on Brexit.

Question 5

Debate: No, the UK hasn’t rewon its legal sovereignty via Brexit

Answer 5

• Powers returned will not be subject to parli jurisdiction - wielded by govt ministers as secondary legislation.
• Popular sov has challenge parli sov = the outcome of 2016 EU ref serveed as an instruction to parli.
• Political sov rests with the governing party, cabinet and PM - fusion of powers allows the govt to sir in parli and control the agenda. EXAMPLE = despite Article 50 - decisions to comply with requests to extend A50 (Brexit) rests with the PM and Cabinet.
• Parli Sov - effectively devolved to newly created institutions, such as the Scot Parli. EXAMPLE = Sewel Convention - devolved powers must be asked for consent to laws passed by parli considered under their jurisdiction.

Question 6

Major Issue

Created internal divisions

Political impact

Answer 6

• Lost 3 PMs (David Cameron, Theresa May and Boris Johnson).
• Northern Ireland and Scotland had voted to remain in the EU whilst Wales and England voted to leave = shows issue of referendums as Eng dominted with 50M out of 60M pop.
• Parliament also became deeply divided - difficult to pass Brexit-related legislation.
• Some called for a 2nd referendum (soft Breixt) but the pro-Brexit faction of the Conservatives supported a hard Brexit.
• 2 GE called in 2017/2019 - latter restored a Commons majority to the Cons Party with a mandate to get Brexit done.
• EU Withdrawal Act passed in Jan 2020 = left EU political institutions.

Question 7

Overall constitutional impact

Answer 7

• European Court of Justice will no longer have any jurisdiction in the UK and will cease to be the highest court of appeal on EU matters.
• No longer has to abide by the ECHR - could leave at any time. Brexit does strengthen the Supreme Court but it is damaging because the UK doesn’t have a constitution + it could lead to potential erosion of rights as there is no more entrenchment of HR.
• Increasing divide between Scot/Eng over Scottish Independence.
• Under the withdrawal agreement, N.I orignally followed majority of the EU’s rules to avoid border customs check with the Republic of I (separate trade agreement). Adapted in 2023 to create ‘green’ and ‘red lanes’ - more paperwork required for latter lanes.
• Government/Parliament become increasing preoccupied with deciding whether current EU laws and regulation should be transferred to UK Law.