Brexit and its Effect on Parliamentary Sovereignty

Constitutional and Administrative Law
Word Limit for Section A: 1200 words, excluding footnotes, bibliography
and MUST use the OSCOLA system and include a bibliography.
Please for referencing Oscola use the book Unlocking Constitutional and Administrative Law Mark
Ryan with contributes from Steve Foster 4th Edition
Word limit for Section B: 800 words (excluding the questions provided. That means a maximum of
800 words in total for the explanations). Note that there is no need to use footnotes or provide a
bibliography for Section B
Note give very brief explanation on the right answer
SECTION A (60 marks)
“Brexit will have a dramatic effect on Parliamentary Sovereignty”. In the light of this statement,
address the following questions:
1. Explain what is meant by Parliamentary Sovereignty, offering at least one definition and one
example of its application from case law. (12 marks)
Parliamentary sovereignty is also known as parliamentary supremacy. It basically means that
legislative bodies have supremacy over all the other governmental bodies and institutes. It
also includes executive and judicial bodies. Parliamentary sovereignty is basically a part and
principle of UK constitution. In this it is been explained that parliamentary is supreme body
which can create or end any type of law. In this courts are not allowed to over-rule any
legislation and also no parliament can pass that law which can not be changed by future
parliament. The doctrine of parliament supremacy was been developed and upheld in case
law R (Jackson) v Attorney General 2005. This case included Jackson and other two
members from countryside alliance. In this it was been analysed that in this case law they
have challenged parliament acts to enact the hunting act of 2004. In this case law the
appelants has said that this act was invalid as it was passed by making use of legislative
procedure which was been implemented by parliament act of 1949. In this case law appelants
said that inactment of parliament act was itself invalid. The divisional court and other court
has rejected this appeal. After quiet some time supreme court has provided their judgment
that parliament is the supreme body and no body is above it.

2. What is the role of the Courts in protecting the Rule of Law and Parliamentary Sovereignty?
(12 marks)
Courts are provided with the main role for protecting the rule of law and also parliamentary
sovereignty. It has been analysed that judges and advocates are person who are involved in
making sure that law is been safeguarded. They are the ones who are been engaged in
preserving dignity related to law. The first rule which is been given by supreme court is that
parliament is sovereign (AKMAL, 2019). It has been evaluated that court has decided that
rule of law works on basic principles which includes supremacy of law, equal protection of
law and also equality before law. Courts make sure that every law, rules and regulations
which is been implemented by parliament is followed by everyone. Rule of law is been
considered as absolute. In this there is fundamental division of sovereignty. It has also been
analysed that courts have the main role of protecting the rule of law. In this they make sure
that every body whether public or private abides by the rules given by parliament. Courts
make sure that law is been protected and no one is beyond law.
3. Explain the effect joining the European Union had on Parliamentary sovereignty. (12 marks)
There are various effect joining the European Union had on Parliamentary sovereignty. It has
been analysed that European union consists of 27 states. EU has agreed to share the
sovereignty with the help of institutions of European Union. The EU membership and
successful government grants have joined and not abandoned practices and also the
parliamentary practices. They are following rules and regulations which are been
implemented by parliament (Rakar, Tičar and Sever, 2020). Westmister do not have control
over the various government activities. There has a tension between the political elements
related to sovereignty of parliaments and the sovereignty of Parliament and the claimed
supremacy of a complex EU legal and political order. They are operating with the help of
recognised rule of helm. There are also various effects of rules and regulations of EU which
they have on parliamentary sovereignty. It has been analysed that there are also some tension
between EU and parliament sovereignty. The section2(1) of the European communities Act
1972 has provided that EU has legal effect on the UK. It means that UK parliament is obliged
that they can not work in a way which is contray to the laws which has been implemented by
EU.
4. Evaluate whether Brexit has really increased Parliamentary Sovereignty by reference to the
two Miller cases (2017 and 2019). (24 marks)

It has been analysed that European Union has weaken down parliamentary sovereignty.
Parliament supremecy is one of the fundamental tenets which is related to British constitution
and it is underpinning the legal system. It has also been analysed that parliament sovereignty
means that decision of parliament is been considered above all (Loveland, 2018). It has been
evaluated from the research that traditional notion based on supremacy is been weakned
because of the European union. Case law has been taken from the European court of Justice.
In this they have confirmed that decline in sovereignty of parliament is linking towards more
harmonised pool of European Union. This point can be proved by making use of example
related to two Miller cases, 2017 and 2019. R (Miller) v The Prime Minister and Cherry v
Advocate General for Scotland ([2019] UKSC 41). In this case law there was an argument
made in front of the supreme court and also advice was given by prime minister to queen that
parliament must be prologued in the process of United Kingdom’s departure from the
European Union. It has been analysed that on 24 September 2019, 11 judges have taken the
anonymous decision on this case related situation. Court has analysed that matters was
justifiable. The holding has been related to that making the use of the prerogative power of
prorogation is justiciable.Propogation process basically means that in this political process
parliament of United Kingdom is been suspended after they have given one judgement. They
are been suspended after closure of one parliamentary session. It has been analysed that there
are several cases in which propogation has taken the controversial mode. In this the prime
minister has given advice to queen that they need to propogue the parliament and it was been
analysed that result in order related to council was basically considered unlawful. The effect
related to it was frustrating and also it was preventing. In this the valid justifiable results were
not been given and it was really frustrating. It has also been analysed that during this case law
Brexit withdrawal agreement was rejected atleast three times in court before year 2019. It has
increases tensions between other governments and political institutions. It has also been
evlauted that no deal Brexit was been delayed until October 2019. There was a new technique
and approach which was been based on constitutional adjudication. It has been evaluated that
the court was also been called to seek upon whether propogation advice was been considered
as unlawful or not. They have come to conclusion that advice and propogation which was
been passed by them was unlawful in nature. In this the PM has advised to queen about
prolonging the parliament sovereignty. This was considered to be unlawful and the court has
rejected this plea. It was also been evaluated that European Union has weaken parliament
sovereignty. In this the judgment was been given by 11 anonymous judges. There were also
conflict and tensions raised between the government of UK and Europe.