The Legal and Ethical Dimensions of Brexit: A Business Law Report

This report provides a comprehensive analysis of the legal and ethical implications of Brexit, examining both the positive and negative aspects of the United Kingdom's separation from the European Union. It delves into the impact of Brexit on trade, employment, and cross-border relations, highlighting the restoration of parliamentary sovereignty and the challenges of establishing new trade agreements. The report also discusses the social and economic consequences, including potential impacts on mental health and the need for skilled personnel to formulate new laws. Ultimately, the report concludes that the decision to leave the EU has both merits and demerits, making it difficult to definitively categorize as either entirely beneficial or detrimental. Desklib provides students access to similar reports and study tools.

Business Law and
Ethics

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
REFERENCES................................................................................................................................1

INTRODUCTION
Business law consists of various rules and regulations which helps in the incorporation of
the business organization(Bisciari,2019). The laws comprises under business laws are required to
be followed by each and every company in order to ensure fair and transparency in the business
operations. The business organizations in terms of establishing an effective and efficient
management need to have a keen understanding of the various business laws related to the
country. But, along with the laws, they must also follow the ethical fundamentals to run the
business. This report will going to cover the effects of the separation of Britain from European
Union and the positive and negative aspects of Brexit.
MAIN BODY
Task
“The United Kingdom (UK) has left the European Union (EU) and will once again be free to
make its own laws, post the Brexit Transition period. Some argue that the UK’s parliamentary
sovereignty was indeed undermined by the EU and that the UK has finally got back its
independence.”
The word Brexit is made up of two different words namely Bre and exit. The word Bre is
used here for British. The other word exit means removal of something. Hence, all together it
means that the removal of the British from the European Union. This removal was difficult for
both the European Union and United Kingdom. This is because both of them have to face its
implications. Moreover, the result of this separation is that it has made United Kingdom an
independent country. This is because earlier UK was wholly dependent on EU for all its
working. For instance, UK has to follow all the rules and Statues that were made by the EU.
Along with this, UK does not have any separate laws that is bind able on the citizens of UK. In
addition to this the judiciary of EU is made applicable on the citizens of UK(Bloom,et.al, 2019).
The implementation period is also known as the transition period of UK. This period is
the process where the UK is formally separating from UK. It is generally the period of almost
one year. This period started on 31st January 2020 and ended on 31st December 2020. But, during
this time period the UK was not the member of EU. During the continuance of this transition
period, both the EU and UK framed can an agreement. According to that agreement, there were
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certain rules and regulations that has to be followed by the British. In addition to this, UK was
left the only member for the single market and custom unions. Hence, UK followed rules of EU
during the implementation period(Brown, Liñares-Zegarra and Wilson, 2019). This is because at
this time UK was busy in formulating the statues and regulations for the independent UK in
future. After the completion of the implementation period UK would be constituted as a
democratic and an independent country around the globe. Now, UK would do all the activities as
per the laws formulated by parliament of British.
The question of the parliamentary sovereignty always being raised at the time of pre
and post brexit period. Basically the term parliamentary sovereignty means that the power to
make laws and other legislative decisions in terms of the state must be in the hands of the
parliament of that country. Now, it is union the choice of the state that how it will going to
manage the the law making process, that is by decentralizing the power or delegating the
authority. A.V Dicey defined Parliamentary sovereignty as the right to make or unmake the laws
which cannot be violated by any individual in any form. When Britain became the member of
the European Union, it was stated by the then scholars and the member of parliament that the EU
started interfering with the law making process of the UK. Further it is also contended that the
courts of the UK is required to consider the laws of the EU while interpretation any domestic
law. The law cited by the EU are considered as supreme over the English laws. In the case of
Costa vs. ENEL 1964 and Amministrazione delle Finanze dello Stato vs. Simmenthal 1978,
it was stated that the laws of the European Union will prevail over the constitutional law of the
states who are the members of the union. In section 2(2) of the European Communities Act 1972,
it was given that the government cannot make any alterations or the changes in the UK law
through the process of delegated legislation. In the case of Macarthys Ltd vs. Smith, the
question regarding the supremacy of the EU laws over English law was answered by stating that
in order to solve the clashes between the law of the union and the parliamentary sovereignty of
the UK, then the parliament must act with an intent to decline the laws of the EU or any
provision of the same which is inconsistent with the domestic laws. And the courts must follow
the domestic laws to follow the laws made by the parliament. But the situation did not changed
because it was not that easy for the UK to avoid the laws of the European Union. In the case of
Pickstone vs. Freemans 1989, the court held that the courts must construe the domestic or the
English laws in accordance with the European community regulations.
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The matters that are contained in the Brexit agreement deals with the border relations,
trade and commerce, relations between the UK and EU, businesses, etc. The rules are formulated
for all these matters so that no conflict arises between them. Further more, the Brexit also
affected the social life of the citizens of UK(Crowley, Exton and Han, 2018). Moreover, it would
have also impacted the funding of the government of UK. The formulation of new laws for the
country for its peace and order would include large amount of money. There would be also the
need of large groups of skilful persons who would formulate the laws for the country. These
persons would also require experience in the relevant field of law in order to make suitable rules
and regulations for the country. This burden on the personnel has created the burden on both the
skilled and the unskilled persons. The feeling of loneliness is created among the children and
young people of the country. The people of the country is further suffering from anxiety and
depression. It has created a drastic change in the country. Moreover, it has created the ignorance
among the people of the country.
The benefits of Brexit includes the control on the borders of UK. This would mean that
earlier there were no boundation on the migration over the border of UK. This is because the
power over the borders were earlier regulated by the EU. The control would also help the
country to minimise the immigration of the criminals(De Ville and Siles-Brügge,2019).
The country would also generate its own currency. This is because there was the
existence of currency that was created by the EU. This would also increase the power in the
hands of UK fore the matters related to money. It would also help in doing trade agreements with
the countries who have restriction to do trade with the EU(Hix,2018).
From the above observation, it can be clearly stated that there are positive as well as
negative aspects of the separation of Britain from the European Union which is termed as Brexit.
There are always two sides of a coin and the same situation is with United kingdom. Other than
certain restrictions, there are some favourable points in terms of exiting European Union. The
biggest win of the United Kingdom is they get back their control over Parliament and the power
and authority to make rules and regulations accordingly. On the other hand, UK is required to
give away the access to the single market system as well as custom unions. They need to create
new business relations with the other countries. Thus, it cannot be stated that whether the
separation of Britain from the European union is good or bad. The reason behind this is the
merits and demerits of Brexit(Thissen,et.al,2020).
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CONCLUSION
From the above report it can be concluded that it cannot be stated clearly that the decision
of Britain to exit the European union is right or wrong. Because it consists of both positive as
well as negative aspects regarding the separation of the UK from the union. Further, the report
covers the consequences of Brexit on trade, employment, cross border relations, etc. it can be
said that the separation is good on certain points like UK got back its freedom from the
intervention of the union in its Parliament, the unnecessary movement of the immigrants in the
UK. On the same note it is not good, as UK had to leave the single market structure under
European Union and rebate from the taxes and custom duties. Basically, A clear idea cannot be
drawn in the case of Brexit.
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REFERENCES
Books and Journals
Bisciari, P., 2019. A survey of the long-term impact of Brexit on the UK and the EU27
economies.
Bloom,et.al, 2019. The impact of Brexit on UK firms (No. w26218). National Bureau of
Economic Research.
Brown, R., Liñares-Zegarra, J. and Wilson, J.O., 2019. The (potential) impact of Brexit on UK
SMEs: regional evidence and public policy implications. Regional Studies, 53(5),
pp.761-770.
Crowley, M., Exton, O. and Han, L., 2018, July. Renegotiation of trade agreements and firm
exporting decisions: evidence from the impact of Brexit on UK exports. In Society of
International Economic Law (SIEL), Sixth Biennial Global Conference.
De Ville, F. and Siles-Brügge, G., 2019. The impact of Brexit on EU trade policy. Politics and
governance, 7(3), pp.7-18.
Hix, S., 2018. Brexit: Where is the EU-UK relationship heading. J. Common Mkt. Stud., 56,
p.11.
Thissen,et.al,2020. The implications of Brexit for UK and EU regional
competitiveness. Economic Geography, 96(5), pp.397-421.
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