Changes And Outcomes Of Legislation As A Source Of Law Within Britain At The Hands Of Brexit Essay

Parliamentary sovereignty and the rule of law are both concepts that are key to shaping the British constitution, however there is ambiguity as to which concept is the heart of the UK’s constitutional arrangement in the recent years.

With diminishing control of what happens in Britain, the British people decided it was best to vacate the union. The British were dealing with the laws given by the European members who were not living and experiencing the country themselves. To provide an example of a ghastly law given to the British people, they, as part of the European Union, were only allowed to catch 20% of the fish swimming in British territorial waters. What this meant was that tens of thousands of jobs were lost and they were not able to use one of the most significant resources given to them, as Britain is surrounded by ocean. Nigel Farage, Leader of the UK Independence Party, says that his fellow Englishmen, “effectively gave away the ability to look after one of our greatest resources to a bureaucracy based in Brussels.” Because of the way the government was set up, “Not only could the voters not change anything, but the institutes themselves are incapable of reform.” With an already maimed government, the European Union was creating more problems than it was solving. The British people had enough of giving up their rights as British citizens so the European Commission could tell them how to live. Therefore, with problems like those arising from the Union and with no hope to resolve them, Britain filed for secession and pulled out of the union

For the structure of this paper, I will start out by highlighting some key arguments put forward by Brexiters as they relate to Parliamentary sovereignty. Followed by a comprehensive look at Parliamentary and other types of sovereignty and what they imply, followed by a decision as to whether or not the UK will regain power by canceling its membership to the EU.

During the buildup to the 2016 Brexit referendum those who campaigned to leave the European Union did so in order to take back control of their nation, including taking back control of parliamentary sovereignty. Parliamentary sovereignty is one of the fundamental values of the United Kingdom’s constitutional law but European Union law, since the 1972 European Communities Act, trumps that sovereignty. This transpired due to the United Kingdom becoming a member of the European Union where EU law takes primacy over national law. With being a member of the European Union it entailed that the key law making body would be that of the European Commission rather than Westminster Parliament. Many European Union regulations can bypass Parliament and

In the context of Brexit and the triggering of Article 50 there is a lot of discussion about Parliamentary Sovereignty. Brexit can be seen in two different ways: as a vote to re-assert the sovereignty of Parliament, or as a vote to undermine it.

This Essay will inspect the relationship between the EU and the UK including purposes behind the supremacy of the European Union (EU) laws and after that it will take a gander at the system of how does the UK offers impact to those laws and regardless of whether the UK parliamentary sovereignty represents an issue to this. The exposition will set up regardless of whether the EU law is without a doubt supreme and in the event that this is along these lines, on what premise is the EU law incomparable as there is no composed report, for example, treaties that expressly states EU law is incomparable however seemingly through standard international laws it might be questionable that the EU is supreme.

The debate on whether or not the UK’s amalgamation with the EU restricts its parliament’s power and therefore protests against one of the UK’s fundamental constitutional principles, parliamentary sovereignty, is vastly tendentious. The theory of parliamentary supremacy reverts back to 1689, long before Dicey’s era, when the bill of rights was sanctioned; it instigated the legal bequest that parliament should be recognized as the prime source of law in the United Kingdom, conclusively outpacing the Monarch’s powers . Today, parliament is acceded for being the most authoritative legislative figure within the obligated borders of the UK. Nevertheless, in its long-established culture, the concept of parliamentary sovereignty encounters acute duress as a result of EU amalgamation. This essay will examine weather or not the EU amalgamation impedes the rights of UK legislation, hence

Traditionally, alongside the rule of law and the separation of powers, parliamentary sovereignty has been one of the fundamental principles of the UK Constitution. Parliament is sovereign in the sense that it has “the right to make or unmake any law whatever” and judges cannot “override… the legislation of parliament” , as has been illustrated by A.V Dicey, 19th century constitutional theorist, in The Law of the Constitution (1885). However, the UK has since signed the European Communities Act in 1973, effectively joining the European Union (EU), and allowing the European Court of Justice to take primacy over their own domestic courts. The EU has been conceived by various treaties, including the Treaty of Rome and the Single European Act . As a dualist state, the UK must translate EU law into its own law. Though the UK is subject to EU law, there is dispute as to whether the UK has actually limited its own parliamentary sovereignty through its membership in the EU, and whether it is absolute, since the UK voluntarily joined the EU.

It is hard to predict how all these proposals and demands will play out in the coming days and months. However, what is clear is that the United Kingdom will require to go through several hoops and through a prolonged period of uncertainty even though at the end it could

The issue of Britain remaining in the European Union, and the consequences of a potential British exit- sometimes shortened to “Brexit”- from the European Union, have come to the forefront of public debate. While some say that Britain’s egress from the EU would benefit it economically, others argue that the contrary is true, and that there would be detrimental economic consequences for Britain and Europe. In truth, the issue is much more complex and multifaceted. Brexit must be looked at in terms of its socioeconomic consequences on immigration, the job market, and trade; and also its political effects on British sovereignty.

Literature review: In September 2017 Thomas Sampson from The London School of Economics and Political Science wrote a Literature on Brexit. The title of the literature was Brexit: The Economics of International Disintegration. In this literature review I will briefly summarise the literature wrote by Thomas Sampson.

Britain withdrawing the European Union has always been an ongoing discussion, one of the many goals pursued by some British political parties, along with groups of people and individuals. Leaving the European Union is a right that every country that is part of the Treaty on the European Union has (Article 50 of the treaty), and this is what the Conservative political parties that proposed the referendum are triggering to impulse a faster withdraw from the EU; specially the new prime minister Theresa May. There had been another referendum in 1975, but it resulted in

British Citizens made a choice on the 23rd June 2016, to leave the European Union. The UK has been a member of the European Union (EU) since 1973 and the EU gives many economic benefits to member’s countries, such as free movement of labour, harmonisation of regulations and the stability of being in the world’s largest trade block within 28 united countries.

On the 23rd of June 2016, the UK held a referendum to determine whether the UK should remain a part of the European Union, which resulted in the UK evoking Article 50 on the 29th of March 2017. Article 50 is the agreement signed by the EU as the formal mechanism by which to leave the EU. The Article 50 negotiations and the creation of the Withdrawal Agreement are estimated to take a minimum of two years, thus meaning that the UK has been scheduled to leave the EU officially on the 29th of March 2019. However in the Prime Minister’s letter to the EU in March, Teresa May suggested that she would be prepared to leave the European Union without an agreement, should specific negotiated goals not be met. The UK has recognized the rights of European citizens residing in the UK and the border between Northern Ireland and the Republic of Ireland as priorities in the upcoming negotiations. Currently, there has been insufficient agreement across these priorities and negotiations have somewhat stalemated, allowing for the possibility of leaving the EU without an agreement.

On June 23, 2016, the famous referendum vote to determine if the United Kingdom should remain part of the European Union or leave was held. A large turnout of over thirty million individuals cast their vote, representing more than 71 percent of legal voters. Those in favor of the British exit, also known by its nickname Brexit, won with a 52 percent majority vote. England and Whales represented the majority that supported Brexit, while Scotland and Northern Ireland leaned strongly towards remaining with the European Union. The completion of the referendum called for the United Kingdom to invoke Article 50 of the Lisbon Treaty . This gives the United Kingdom the right to legally withdraw from the European Union, following their own nation’s requirements to put the process into action (Hunt and Wheeler).