A Critical Evaluation Of UK�s Parliamentary Sovereignty Pre & Post Brexit Assignment

A Critical Evaluation Of UK’s Parliamentary Sovereignty Pre & Post Brexit

Chapter 1: Introduction

The UK is known for its modern parliamentary democracy and the revolution of industries. Its highly developed economic, political, cultural and scientific influence can be observed worldwide. The most organized British constitution is composed of law and rules and works based on the principle of parliamentary sovereignty. It means the parliament has more power than any branch of the government and they can create or end any of the laws they choose. The whole parliamentary sovereignty got affected by the process of Brexit, which was the term that indicates the withdrawal process of the UK from the European Union. The aim, objective, significance and rationale of conducting the research are the key areas which are covered in this chapter.

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The post-Brexit scenario of the UK has not changed a lot yet, however, the already existing law from the EU, will end in 2023. It means by the end of 2023, the UK has its own law which can be made based on the betterment of the citizens. It also indicates the rise of the judicial system of the UK which has the ability to make an end to the supremacy of the parliament over all the government body and the right to make or end a law.

Background

“Brexit” is an abbreviation of two words which are the British and Exit. It indicated the process of the UK withdrawing from the European Union (EU). The people of the UK voted in support of leaving the EU in 2016. The main article which regulates the withdrawal process of any state from the EU is article 50[1]. The withdrawal process ends in 2020 and from then the relationship between the UK and the EU is based on the "Trade and Cooperation Agreement". However, the whole process left a major impact on the citizen, companies and every public authority in both UK and the EU.

Brexit is considered one of the most important political events in recent times which left a major impact on the history of Britain[2]. However, there are many factors which influence the withdrawal process such as sovereignty, immigration and most importantly the economy. The main question which was raised by the majority of the leave voters was that all the decisions of the UK should be on behalf of the citizen of the UK, not the EU residents. The implications of withdrawing from the EU are for the legal principles of parliamentary sovereignty and it is considered the most important feature behind the decision[3]. The law between the EU and domestic law was the most controversial sector for most of the time when the UK was a part of the EU. The parliament's sovereignty is the base principle of the Constitution of the UK and throughout the whole time of its membership in the EU, the parliament’s sovereignty remains. However, the withdrawal agreement has still commitments on the part of the UK which will be beyond the period of the transition, especially in the case of the rights of the citizens[4]. For example, the EU’s court of Justice has the jurisdiction, through which they can hear any case for up to 8 years.

After Brexit, many laws which were a part of the EU were the result of comprises between the members of the EU and were duplicated into the UK’s statute books. However, in major cases, those laws do not support the priorities and objectives of the UK. The Brexit and the Freedom bill which was introduced in the parliament will put an end to all the legal status of EU laws by 2023[5]. It means the UK will have its own opportunity to develop the laws and regulations which fit the basic need of the UK and help it grow further. However, the main aspect of Brexit provides an indication towards the end of parliamentary sovereignty because the growth of the judiciary in the UK system is continuous. There is another reason that indicates the end of Sovereignty is that, they are no longer bound to the laws made by and for the EU.

Problem Statement

The main focus of the study is to evaluate the parliamentary system of the UK and the effect of Brexit on the core system. The situation of the UK under the membership of Brexit was more complicated if compared based on the law and regulations[6]. The major laws that were implemented in the whole UK, were majorly made with 28 other members. Because of that, those laws were not aligned with the objectives of the state and citizens[7]. Moreover, parliamentary sovereignty was another reason that made the voters raise questions. The withdrawal of the Pre-Brexit has a huge impact on the UK because it will provide the opportunity to make new laws on the basis of the citizens' needs and the overall growth of the nation. However, the post-Brexit indicates an end of parliamentary supremacy which will eventually lead to the rise of the judicial system and the power hand over to the governmental authority[8]. The supremacy of the parliament affects the laws and regulations because they have most of the control over the laws that are implemented in the state. Under the parliament's sovereignty, the parliament had the right to impose and end any of the law, and the rise of the judicial system will help to make the betterment of the citizens[9]. The implementation of the UK's law is the most awaited event in the history of the UK, which can change the whole system for the citizens.

Research Aims & Objectives

Aim

The research aims to evaluate the parliamentary sovereignty in the UK before and after the withdrawal process of the UK from the European Union.

In this process, how it affects the rights and the laws of the state, which eventually affects the life of the people of the UK. It also focuses on that time when the UK was a part of the EU and how it had impacted the lives and core structure of the state. It will help to understand the significance of the Brexit process and the parliament's sovereignty after the withdrawal.

Objectives

The main objectives of the research are-

• To evaluate the parliamentary sovereignty in the UK
• To understand the impact of years of the UK’s membership in the European Union
• To understand the effects of post-Brexit and how the rise of new UK law will affect its own people
• To recommend the rise of the court and judicial system to protect the rights of UK citizens.

The constitution and the court of the UK are going to have a major role in the growth of the UK’s citizen’s rights. It also challenges all the rules and regulations which do not align with the principle of protecting human rights. The research objectives are made to focus on the process of evaluating the parliamentary sovereignty in the UK which runs through the system for years[10]. The other objectives are based on the impact of the UK’s membership in the European Union and Brexit and on the other hand, to analyses the effects of the rise of new UK law.

Research Questions

The process of research is going to be done with the help of some questions, which can help in the process of understanding the objectives-

Q1. What is the impact of parliamentary sovereignty in the system of the UK?

Q2. What is the impact of years of the UK's membership in the European Union?

Q3. How the post-Brexit effects and how the rise of new UK law will affect its own people?

Research Hypothesis

Brexit has a major effect on the laws which are duplicated from the EU (H0)

The parliamentary sovereignty is going to change and the judicial part of the UK will rise (H1)

Limitations

The research is based on the effects of Brexit and how parliamentary sovereignty had an effect on the UK and how the whole situation of the Post-Brexit is going to change the parliamentary sovereignty. As a member of the EU, the parliament was the supreme source of power in the UK and all the judicial and other governmental authorities of the State had less power[11]. The major laws which were implemented under the membership of the EU were not aligned with the basic rights of the humans of the UK, because the UK had accepted the supremacy of the EU laws for the longest time. The withdrawal process from the EU has allowed expanding the UK's own laws according to the need of the citizens[12]. For that research, the required information about the pre-Brexit situation of the UK is available in the form of Journals and on the website. However, most of the information about the post-Brexit situation in the UK and parliamentary sovereignty is not available. It has affected the research process and the because of that the path of research became limited to some extent.

References

Journals

• Bloom, Nicholas, Philip Bunn, Scarlet Chen, Paul Mizen, Pawel Smietanka, and Gregory Thwaites. The impact of Brexit on UK firms. No. w26218. National Bureau of Economic Research, 2019.
• Brakman, Steven, Harry Garretsen, and Tristan Kohl. "Consequences of Brexit and options for a ‘Global Britain’." Papers in regional science 97, no. 1 (2018): 55-72.
• Calleros, Hector. "Brexit: Judicial Review, Parliamentary Sovereignty and Referendum." Rom. J. Comp. L. 9 (2018): 223.
• Cygan, Adam. "Legislating for Brexit:‘The People’versus Parliament?." Global Policy 13 (2022): 47-57.
• Douglas-Scott, Sionaidh. "Brexit and the siren-like allure of sovereignty." In On Brexit, pp. 96-110. Edward Elgar Publishing, 2019.
• Felbermayr, Gabriel J. "Brexit: A hard-but-smart strategy and its consequences." Intereconomics 54, no. 3 (2019): 178-183.
• Gordon, Michael. "Parliamentary sovereignty and the political constitution (s): From Griffith to Brexit." King's Law Journal 30, no. 1 (2019): 125-147.
• Orakhelashvili, Alexander. "Parliamentary Sovereignty before and beyond Brexit." ICL Journal 15, no. 4 (2021): 435-464.
• O'Rourke, Kevin. A short history of Brexit: From Brentry to backstop. Penguin UK, 2019.

Websites

• lamoncloa (What is Brexit?2021) <https://www.lamoncloa.gob.es/lang/en/brexit/AboutBrexit/Paginas/index.aspx> accessed November 7, 2022
• ucl (2020) NEW REPORT: ‘Parliament and Brexit.’ Available at: https://www.ucl.ac.uk/constitution-unit/news/2020/mar/new-report-parliament-and-brexit (Accessed: November 7, 2022).
• [1] O'Rourke, Kevin. A short history of Brexit: From Brentry to backstop. Penguin UK, 2019.
• [2] Brakman, Steven, Harry Garretsen, and Tristan Kohl. "Consequences of Brexit and options for a ‘Global Britain’." Papers in regional science 97, no. 1 (2018): 55-72.
• [3] Cygan, Adam. "Legislating for Brexit:‘The People’versus Parliament?." Global Policy 13 (2022): 47-57.
• [4] Bloom, Nicholas, Philip Bunn, Scarlet Chen, Paul Mizen, Pawel Smietanka, and Gregory Thwaites. The impact of Brexit on UK firms. No. w26218. National Bureau of Economic Research, 2019.
• [5] Orakhelashvili, Alexander. "Parliamentary Sovereignty before and beyond Brexit." ICL Journal 15, no. 4 (2021): 435-464.
• [6] ucl (2020) NEW REPORT: ‘Parliament and Brexit.’ Available at: https://www.ucl.ac.uk/constitution-unit/news/2020/mar/new-report-parliament-and-brexit (Accessed: November 7, 2022).
• [7] Felbermayr, Gabriel J. "Brexit: A hard-but-smart strategy and its consequences." Intereconomics 54, no. 3 (2019): 178-183.
• [8] lamoncloa (What is Brexit?2021) <https://www.lamoncloa.gob.es/lang/en/brexit/AboutBrexit/Paginas/index.aspx> accessed November 7, 2022
• [9] Douglas-Scott, Sionaidh. "Brexit and the siren-like allure of sovereignty." In On Brexit, pp. 96-110. Edward Elgar Publishing, 2019.
• [10] Felbermayr, Gabriel J. "Brexit: A hard-but-smart strategy and its consequences." Intereconomics 54, no. 3 (2019): 178-183.
• [11] Gordon, Michael. "Parliamentary sovereignty and the political constitution (s): From Griffith to Brexit." King's Law Journal 30, no. 1 (2019): 125-147.
• [12] Calleros, Hector. "Brexit: Judicial Review, Parliamentary Sovereignty and Referendum." Rom. J. Comp. L. 9 (2018): 223.