Can it be argued that Brexit will restore parliamentary sovereignty Draft PDF

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Can it be argued that Brexit will restore parliamentary sovereignty?Throughout the Brexit campaign there has been much scrutiny as too whether or not parliamentary sovereignty will be restored after Britain leaves the EU. Parliamentary sovereignty is a key element of the UK constitution, “It makes P...

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Can it be argued that Brexit will restore parliamentary sovereignty? Throughout the Brexit campaign there has been much scrutiny as too whether or not parliamentary sovereignty will be restored after Britain leaves the EU. Parliamentary sovereignty is a key element of the UK constitution, “It makes Parliament the supreme legal authority in the UK.” 1 In simple terms this means parliament has the power to pass new laws and end pre-existing ones. Many leave campaigners believe parliamentary sovereignty is being destroyed due to the UK’s partnership with the EU and the fact that the UK has to follow all EU laws. A major argument for leave campaigners is that they want to “take back control,” 2 as many leavers believe EU law should not be held in a higher regard than the Acts of Parliaments as it undermines the British constitution. This point is highlighted in The Lisbon Treaty, where it states “law adopted by the Union on the basis of the Treaties have primacy over the law of Member States.”3 It is also emphasised in the R v Factortame case which shows the lack of power UK law has over EU law as the case resulted in the suspension of the British Merchant Shipping Act of 1988.4 It would be unreasonable to expect parliamentary sovereignty to be fully restored into its old self as many cases such as Thoburn have proved that the orthodox view of parliamentary sovereignty is no longer viable.5 As a direct effect of this parliament will be restricted in its supremacy to a certain degree.

1Parliament, ‘Parliament's authority’ (www.parliament.uk) https://www.parliament.uk/about/how/role/sovereignty/>accessed 23 January 2020 2 Michale Gove , 'VOTE LEAVE FOR A FAIRER BRITAIN ' (Vote leave take control , 22 June 2016) accessed 23 January 2020 3 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community [2007] OJ C306/01 4 Case C-246/89 Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland [1991] ECR I-4585 5 Thoburn v Sunderland city council [2002] EWHC 195 (Admin), [2003] QB 151...