The United Kingdom Is A Sovereign State Under International Law

In the past, referendums have been used to make some of the biggest constitutional changes in modern times. By definition, a referendum ‘is a general vote by the electorate on a single political question which has been referred to them for a direct decision’. The very name and use of 'referendums' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century where, to this day, still use a form direct democracy to settle many issues. Traditionally, Referendums were rarely used in the UK but, in recent times, they have been gaining popularity by the public and have also been used more often to decide constitutional changes such as the 2016 EU Referendum and the 2014 Scottish Independence referendum. Since the end

There is no doubt that Brexit has caused a divide amongst the UK population, with 52 to 48 percent in favor of leaving. “Take back control” has been at the forefront of the Brexiter’s campaign. It is argued the UK Parliament has lost its power since joining the European Union (EU) in 1973.

Since 1973 when the British first joined the European Union their membership has been a controversial issue. When conservatives in the United Kingdom won the general election in 2015, their election manifesto promised to hold a referendum on whether or not the United Kingdom should stay or leave the European Union. The referendum also referred to as “Brexit” is scheduled to take place by the end of 2017. The United Kingdom initially joined the union to be part of the common market for the purpose of trade and to develop international relationships. The main argument for those who are pro Brexit is that being part of the European Union is too costly for the United Kingdom, that the EU has grown to large, has interfered to far into

In 2013 Cameron announced that if the conservatives won a parliamentary majority they would hold an in-out referendum by the end of 2017, this announcement has given rise to discussions and criticisms from politicians, academics and key theorists.

The European Union was established as an economic and political partnership between 28 European Countries (European Union, 2015). The UK has been stayed in the EU for over four decades from 1973 to now. In 1975, Labour Prime Minister Harold Wilson had ever held a referendum on Britain’s membership in the EU and the voting result is to stay in the European Community. Recently, the article (BBC NEWS, 2015) reported that the UK has a plan to hold the second referendum by the end of 2017 to decide whether or not the UK should stay in or leave the European Union. This might be a significant referendum that may bring lots of impacts on the UK’s economy.

The European Court of Justice not only ensures that the interpretation and application of the Treaties law are observed but also that the Member States do not exceed the bounds of their competence. The EU does not have jurisdiction on every aspect of law, there are limits. The powers of the EU are decided through the EU Treaties which are agreed by the member government. The process requires the EU governments to agree on the different areas the EU can legislate. The EU can only act within the areas they have been given power and nothing else. It is the government of the member states that allow the EU their power. There are different types of Competence: Exclusive Competence, Shared Competence and Implied Competence.

The party support UK leave the EU can be seen as Eurosceptics. The reason for this view can be analysed in different four aspects, politics, trade, immigration, and history. In the political dimension, UK and the EU countries have obvious difference on the issue of sovereignty (Biskup, 2003). Britain emphasis on the sovereignty of parliament is inalienable. But the EU countries claim that sovereignty not only focus on country completely, but also on the multiple levels, such as region, nation, or Europe.

U.K. Prime Minister David Cameron readys the country for another country-wide vote, this time for E.U. and Eurozone membership, but the P.M. is now coming under fire from some in his own party. This “in-or-out” referendum in June will give a final say on whether or not the U.K. will stay or leave the Eurozone. For many citizens staying in the E.U. is an attack on the sovereignty of their nation as well as a folly abandonment of the stronger british pound. P.M. Cameron is for the U.K. staying a part of the E.U. but some of his fellow tories

The British voters have spoken on the June 23 referendum that they want their country out of the European Union. The leave side has prevailed with 52 percent voters supporting Brexit, or Britain 's exit, while the remain side getting 48 percent. Some of the political and economic impacts have been already felt in the United Kingdom and registered in Europe and across the world. The others will come as political and economic uncertainties continue.

P4 – a referendum is a decision by crowd acclamation. Most polities don’t have ‘systems of ‘direct democracy’ but

Britain’s membership of the European Union (EU) has produced a well-documented history of aloofness, vetoes, opt-outs, referenda as well as intensely contested domestic political debates. (Pilkington & Watts 2005; Gowland & Turner 2000; Wall 2008) It has been described as the ‘awkward partner’ (George, 1998) and a ‘stranger in Europe’ (Wall, 2008) and has long been cautious of European integration. It is widely anxious about threats to national sovereignty and identity, and its relationship with the EU has become a political football between parties who exhibit signs of pro-European attitudes. (Wall, 2008) As Andrew Marr (2001, 1) points out, when Britain’s are talking about Europe they are talking about “Britain’s future as a self governing state, Britain’s economy, Britain’s status as a European power, Britain’s currency and even Britain’s survivability.” Above all else, Britain sees itself as an exceptional power in Europe but not ‘of Europe.’ (Churchill 1930)

In fact, most members of the EU do not accept the ECJ view unconditionally – despite accepting the requirements of supremacy in practice, most regard this as flowing from their national constitutions and importantly, as no more than a voluntary choice, rather than it being imposed by the EU Treaties or the ECJ. From this view, it may follow that it is still each nation who retains a power of ultimate constitutional review over measures of EU Law; that is, legal sovereignty. This is where the debate regarding supremacy of EU law and the sovereignty of each member state lies. In the following paragraphs, I will conduct some case studies to present different reactions from the member states.

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

It is true that the ECJ has outlined the importance of national procedural autonomy in its judgments over the years. In Comet, it held that it was for each Member State’s national legal order “to lay down the procedural rules for proceedings designed to ensure the protection of [EU] rights”. Three decades later, this exhortation was repeated in Unibet, where the Court thought the EC Treaty ‘was not intended to create new remedies in the national law… other than those already laid down by national law’. National

Recommendations have been put forward to bridge the gap between the EU’s institutions and the citizens in the member nations of the EU. These range from empowering the national Parliament of member states to giving citizens more direct voice in Europe.