Business Law & Ethics: Examining UK Sovereignty After Brexit - UoS

This essay examines the impact of Brexit on the United Kingdom's legislative sovereignty, focusing on the implications for business law and ethics. It discusses the transition period, positive and negative impacts of Brexit, including the UK's newfound independence in lawmaking, border control, and trade relations. The essay also addresses challenges such as the need for skilled personnel to formulate new laws, potential loss of trade relations, and the impact on citizens living in EU member countries. Furthermore, it delves into the concept of parliamentary sovereignty, referencing key legal cases and acts that define its role in the UK's legal system, both before and after Brexit. The essay concludes that Brexit presents both opportunities and challenges for the UK, with significant implications for its legal and economic landscape.

Business Law and
Ethics

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Task-.......................................................................................................................................1
“The United Kingdom (UK) has separated the European Union (EU) and would once again be
independent to form its personal laws, post of the Brexit Transition period. Few debate that
the UK’s legislature sovereignty was so deep-mined by the EU and that UK has eventually
got back its independence.” ...................................................................................................1
CONCLUSION................................................................................................................................4
References:.......................................................................................................................................5

INTRODUCTION
The business law refers to the law that discusses about the roles and responsibilities that
is to be taken by the business organisation in a country. Moreover, there also lies various
business ethics that are necessary to apply on the business enterprise in order to run the business
in a long run. The business ethics are the ethical duties that must be complied by every business
concern. These duties includes the responsibility of the business towards the environment ,
customers, society and country as a whole(Bickerton and Brack, 2022). The sale of the products
in a appropriate manner with committing any malpractices comes under the business ethics of the
firm. This report would discuss about the sovereignty of the United Kingdom along with its
parliament. Moreover, it would also cover the impact of Brexit on UK and EU. It would also deal
with the pre and post Brexit conditions of United Kingdom.
MAIN BODY
Task-
“The United Kingdom (UK) has separated the European Union (EU) and would once again be
independent to form its personal laws, post of the Brexit Transition period. Few debate that
the UK’s legislature sovereignty was so deep-mined by the EU and that UK has eventually
got back its independence.”
Discuss this statement.
The terminology Brexit has formed from the two terms British and exit. This means that
the Brexit is the separation of the European Union and the United Kingdom. Moreover, the EU
has its own laws that is also applicable on the UK as it was the part of EU during the Pre Brexit
period. Moreover, the detachment of the UK has both its positive and the negative impacts in the
country. The period of the Brexit is also named as the Transition period. This transition period is
of almost an year. The transition period started from 31st January 2020 and ended on 31st
December 2020. During this period, the UK has formed an agreement under which the laws of
EU is applicable on the UK. These laws are to be formulated in order to run the country in an
effective manner. There are various positive impacts of the Brexit. These impacts would mainly
include the independence of UK(Bisciari, 2019). The Brexit has resulted into providing
independence to UK. Moreover, the country has provided with the authority to frame its own
laws for its own citizens. The UK would now be able to control the borders of the country. There
1

were no control on the borders pre Brexit period. In addition to this, anyone can go in or out of
the UK who are the member countries of the EU. This has also included that there are decrease
in the criminals in UK. This is because now there would be control over the migration of the
people on the country borders of the UK.
The UK could now frame new trade relations with other countries that it was not capable
to made before Brexit. The incapacity is because EU did not want to connect with these countries
and as UK was the part of EU , it is also not allowed to it to make connects with such countries.
There would be new laws that best suits the citizens of the UK(Burrell and Hopkins, 2019).
Moreover, it would be more flexible for UK to amend the laws. The UK has all the resources in
its country, so it is capable of controlling its own country independently which is only made
capable after the Brexit. Further more, the UK could have its own judiciary. The UK would not
be bound by the judgements of the EU courts. Moreover, the case laws of the EU courts
judgement is now not applicable on UK courts. This is because earlier to Brexit the UK court has
to follow the judgements of the EU as it is mandatory for it. There would be now more
employment opportunities in the country after the Brexit. This is because the UK would now
offer more job opportunities its citizens in order to support the country. Moreover, there would
be the reduction of the global influence on UK as compare to earlier period. Most importantly,
the sovereignty of the UK parliament is in its main importance of Brexit. Moreover, the Brexit
would also led to delegation of powers in the UK(Chopin and Lequesne, 2021).
There are also several negative impacts of the Brexit. These impacts include that the
country has to make its own laws which would require more skilful people in the country. This
formation of laws would also include the more capital. Hence, the funds are also required for this
project. Moreover, the country would also lost its trade relations with the countries who was
connected with UK only because it is the part of EU. Further more, the UK would now have to
make its own identity in the market. In addition to this, the citizens of UK who has settled in EU
member countries would now have to move back to UK after the Brexit. This would create a
severe imbalance in the professional and the personal life of these people. This is because now
they have to leave their previous job and have to search new jobs in UK(Fetzer, 2019). This
would severely impact financially to those people. Moreover, the children are also affected by
this. This is because the education of the students has suffered due to the Brexit. Moreover, it
2

would have created a distress and depression in the minds of the people. This would very
negatively effect the personal and the professional lives of the citizens of UK.
The concept of parliament sovereignty has been accented in the War Damage Act, 1965.
in addition to this, it has again accented in R Jackson vs. Attorney General case in 2005. this
case stated that the parliament is the supreme in all the conditions. The parliamentary
sovereignty was challenged under this case it. This explains that nothing can be more supreme
than the parliament of the UK. Hence, the country must follow only those laws that are
formulated by the parliament of UK(Gordon, 2021). The A.V Dicey explains that the
parliamentary sovereignty is the supreme. The parliament has the full power to unmake and
make the laws for the country. Moreover, polling of the parliament members should be done
when the act of Brexit was happening in the country. The case of Costa vs. Enel in 1964 also
explained that the suprematist of the parli8maent sovereignty is much more important for the
United Kingdom. So, the discussion over the parliamentary sovereignty was always under the
question in UK. But the case of Amministrazione Delle Finanze Dello Stato vs. Simmenthal in
1978 specifies that the laws of the EU is supreme irrelevant of the laws that are made by the
parliament of UK. These always are to be abide by ever member state of EU.
Moreover the section 1(2) of the European Communities Act, 1972 provides that the UK
is not eligible to make changes in its domestic laws without the permission of the EU(Mc
Conalogue, 2019). There is also the case of Macarthys Ltd vs. Smith which provides that the
laws of the EU is more supreme than the laws that are framed by any of its member states.
Moreover, the Pickstone vs. Freemans in 1989 case, it specifies that the UK must follow the
European community regulations along with the domestic laws of the UK. In addition to this, if
any conflict arises between the domestic law and the EU R egulations law, then the EU laws
would prevail in every case(O'Rourke, 2019). Moreover, there remains a very lack of choice for
the students in the field of education. There are also various problems that has to be faced in the
imports and exports of the country. This is because there were no duties paid before the Brexit on
the export and import done by the UK. This is because there were no restrictions on the trade on
the EU member countries. Moreover, the UK would also have to various legal documentations
related to import and export in the country(Schmidt, 2020).
3

CONCLUSION
The above report concludes the severe impact of Brexit on UK. It also explains that these
changes in the country would led to various positive as well as the negative impacts in the
country. These includes that there would be dis balance in the education sector. Moreover, it
would have severely impact the financial condition of every citizen of UK. It also summarises
that it would also effect on the economy of UK. Moreover, the parliamentary sovereignty is also
challenged as per the law of EU.
4

References:
Books and Journals
Bickerton, C. and Brack, N., 2022. Implementing the will of the people: sovereignty and policy
conflicts in the aftermath of the UK’s referendum on EU membership. Comparative
European Politics, pp.1-19.
Bisciari, P., 2019. A survey of the long-term impact of Brexit on the UK and the EU27
economies.
Burrell, K. and Hopkins, P., 2019. Introduction: Brexit, race and migration. Environment and
Planning C: Politics and Space, 37(1), pp.4-7.
Chopin, T. and Lequesne, C., 2021. Disintegration reversed: Brexit and the cohesiveness of the
EU27. Journal of Contemporary European Studies, 29(3), pp.419-431.
Fetzer, T., 2019. Did austerity cause Brexit?. American Economic Review, 109(11), pp.3849-86.
Gordon, M., 2021. The manner and form theory of parliamentary sovereignty: A response to
Jeffrey Goldsworthy. Public Law, (3), pp.603-611.
McConalogue, J., 2019. The British constitution resettled? Parliamentary sovereignty after the
EU Referendum. The British Journal of Politics and International Relations, 21(2),
pp.439-458.
O'Rourke, K., 2019. A short history of Brexit: From Brentry to backstop. Penguin UK.
Schmidt, S.K., 2020. No match made in heaven. Parliamentary sovereignty, EU over-
constitutionalization and Brexit. Journal of European Public Policy, 27(5), pp.779-794.
5