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

Introduction

Parliamentary Sovereignty = establishes the legislature as the supreme legal authority to create, amend or repeal any law

european union = a political and economic partnership of 27 states that share a single market allowing goods, services, capital

Paragraph Focus

• Paragraph 1 = Courts

• Paragraph 2 = Legislation

• Paragraph 3 = Executive

Para 1 - Weaker Argument = Not Increased

• supreme court can still declare laws incompatible if it doesn’t comply with the HRA

• this shows that parliamentary sovereignty is still constrained still constrained by national courts

• while the courts cannot strike down legislation, this mechanism ensures Parliament is hold to account, reducing the risk of a democratic deficit (component 1) by ensuring decision are reviewed and justified

Para 1 - Stronger Argument = Significantly Increased

• in the 1990 Factortame Case, when the Law Lords ruled that the Merchant Shipping Act 1988 breached EU law and the Parliament was forced to unmake the law

Para 2 - Weaker Argument = Not Increased

Para 2 - Stronger Argument = Significantly Increased

Para 3 - Weaker Argument = Not Increased

Para 3 - Stronger Argument = Significantly Increased