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Essay plan for the question: Evaluate the view that leaving the EU has simnifically increased parliamentary sovereignty. (3o marks)
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Evaluate The View That Leaving TheEuropean Union Has Significantly
Increased Parliamentary Sovereignty.
(30) Politics Explained Essay Plan
Topic ➡ 4. Relations Between The Branches
Structure ➡ Three paragraphs with for/against and an overall judgement within each
This Essay Plan Is Part Of A Package Of Essay Plans Covering The UK Government Part Of The
Politics A Level Course For AQA, Edexcel and OCR Exam Boards. It Can Be Purchased Here ➡
https://www.politicsexplained.co.uk/
Keep In Mind ➡ These are long plans as they’re intended to be revised from to cover the key
content you need to know for the exam. In the exam, you would need to adapt them for the
specific question you are asked and you certainly wouldn’t need to include everything, especially
not all of the examples. The judgements are also subjective and you don’t have to agree with
them!
Introduction
Key Definitions
Parliamentary Sovereignty refers to the fact that the UK Parliament is legally ‘sovereign’ within the UK
constitution.
This means it can make laws on any subject, it is the only law making and amending body in
Britain and no court or higher body, including the Supreme Court, can strike down a law passed
by Parliament.
Paragraph One ➡
There Is No Longer A Higher Court That Can
Strike Down Legislation Passed By Parliament’s
For: Parliamentary Sovereignty Has Increased As There Is No Longer A Higher
Court That Can Strike Down Legislation It Passes
Evaluate The View That Leaving The European Union Has Significantly Increased Parliamentary Sovereignty. (30)
1
Politics Explained Essay Plan
, When Britain was a member of the EU, the UK accepted the supremacy of EU Law over laws passed
by Parliament and therefore the sovereignty of EU law.
This meant that if a law was passed by the UK Parliament that contradicted EU law, the European
Court of Justice and Supreme Court could strike it down and force Parliament to remove/change
it.
The supremacy of EU law was confirmed in the 1990 Factortame Case, when the Law Lords
ruled that the Merchant Shipping Act 1988 passed by the UK Parliament breached EU law as it
required UK registered ships to have a majority of British owners. As a consequence, the UK
Parliament was forced to unmake the law.
Now that Britain has left the EU, there is no higher court that can strike down laws passed by
Parliament, therefore increasing parliamentary sovereignty and reducing the power of the UK
Supreme Court.
Against: Parliament Hasn’t Regained This Same Level Of Sovereignty Over
Northern Ireland
Northern Ireland remains aligned with EU law 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. For example, goods
produced in Northern Ireland must comply with EU law in some areas covered by the Northern
Ireland Protocol, even after changes made by the Windsor Framework.
Even following the Windsor Framework changes to the Northern Ireland Protocol, the application of
EU law in Northern Ireland is therefore subject to EU oversight as if it were a member state.
The UK government/parliament could therefore be taken to the European Court of Justice if it
didn’t comply with the areas of EU law that still apply in Northern Ireland.
This shows how parliamentary sovereignty is still limited in relation to Northern Ireland, as EU law
is still higher law in some areas and the European Court of Justice enforces this.
Judgement
Overall, the fact that the European Court of Justice can no longer strike down laws passed by the UK
Parliament is clearly a way in which Parliamentary Sovereignty has increased since leaving the EU.
Though this isn’t the case in all areas of law applying to Northern Ireland, this is a minor limitation.
Paragraph Two ➡
Parliament Can Now Legislate On Topics
Previously Controlled By The EU
For: Parliament Can Now Legislate On Issues The EU Used To Have Control
Over
When the UK was a member of the EU, the EU controlled many significant areas of policy, in
particular trade, agriculture, fisheries and many other aspects of regulation.
This therefore limited the extent to which Parliament was the key law making body in the UK, as
there were key areas of policy it couldn’t legislate on.
Between 1993 and 2014 there were 231 Acts of Parliament passed that implemented EU
obligations.
Evaluate The View That Leaving The European Union Has Significantly Increased Parliamentary Sovereignty. (30)
2
Politics Explained Essay Plan
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