Evaluate whether Brexit has really increased Parliamentary Sovereignty by reference to the two Miller cases 2017 and 2019
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Table of Contents Brexit has really increased parliamentary sovereignty...............................................................1 REFERENCES................................................................................................................................2
Brexit has really increased parliamentary sovereignty Yes, Brexit has really increases the parliamentary sovereignty becauseonly parliament can cancel the enactment and recede from EU, even government could not change the decision by itself. As per the Miller Case, where Miller only draw attention to Article 50 of Treaty on European Union which state that any individual may take away the steps from Unionby their own constitutional requirements (White, 2020). Whereas, Pannick argues that Parliamentary sovereignty isa law demandand thusEuropean Union did not accept the UK's decision, until they have an approval from parliament.Hence, Miller v Secretary of State for Exiting the European Union was alsofamedinformally because Miller argued that decision is taken without a consent from Parliament. In addition to this, the case also reflected that government did not have any power once UK leave the EU which is not acceptable by Miler and that is why,this case was hold in High Court for sometime and as a result, decision were in favor of Miller where government has to acquire authority from parliamentary to make changes in Article 50.As a result, High Court is also agree with argument presented by Miller (Twomey, 2019). Even, the authorities of government was not satisfied with the judgment and choose to went to Supreme Court but at last parliamentary sovereignty is increases where they have a power to reverse the decision and that is why,there is a need to proceed to be a key part of a procedure.Hence, after Brexit, Parliament deliberate and represent the functions, along with an ability to hold executive who are accounts fro defining features in UK (Grote, 2020). 1
REFERENCES Books and Journals Grote, R., 2020. Brexit and Britain’s Changing Constitution.Max Planck Yearbook of United Nations Law Online.23(1). pp.400-417. Twomey,A.,2019.Brexit,thePrerogative,theCourtsandArticle9oftheBillof Rights.Sydney Law School Research Paper, (19/79). White, S.G., 2020. The Referendum in the UK’s Constitution: From Parliamentary to Popular Sovereignty?.Parliamentary Affairs. 2