Evaluate The View That Leaving The European Union Has Significantly Increased Parliamentary Sovereignty. (30)

AGREE 1

No longer a higher court that can strike down legislation it passes. When Britian was a member of the EU, the UK accepted the supremacy of EU law over laws passed by parliament.

Factortame Case – Law Lords ruled that the Merchant Shipping Act passed by UK parliament breached EU law as it required UK registered ships to have a majority of British owners. UK parliament was forced to unmake the law

DISAGREE 1

Parliament hasn’t regained the same lvl of sovereignty over Northern Ireland. NI remains aligned with EU laws 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 e.g goods produced in Northern Ireland must comply with EU laws.

AGREE 2

Parliament can now legislate on issues the EU used to have control over. When a member of the EU, the EU controlled many significant areas of policy e.g trade, agriculture, fisheries,

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

Parliament introduced the Illegal Migration Bill which was an area the EU used to have significant control over (immigration)

DISAGREE 2

Whilst in the EU, the UK was able to opt out of some EU policies it opposed, therefore limiting the amount of sovereignty that was lost by the UK parliament

Britian 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.

AGREE 3

 

Supreme court cases during the process of leaving the EU has strengthened parliamentary sovereignty.

The Article 50 Case confirmed that a majority vote in parliament was necessary to unmake a treaty that had originally required the consent of Parliament.

Prorogation case reaffirmed the sovereignty of parliament and protected its ability to hold the government to account against an overarching executive

DISAGREE 3

Can be argued that much of this control has been gained by the executive rather than parliament.

Significant area of policy controlled regained is trade. The UK govt has the power to make trade deals without parliamentary approval.

March 2023 UK-Asia trade deal was signed without parliamentary consent.