Will examine the effects membership of the European Union or EU has had on the British Constitution and Parliamentary Sovereignty and also the effect membership has had on policies and how the views of the two main political parties have changed

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In my essay I will examine the effects membership of the European Union or EU has had on the British Constitution and Parliamentary Sovereignty and also the effect membership has had on policies and how the views of the two main political parties have changed since its inception.  

The EU was set up as a consequence of the Second World War to establish co-operation and unity throughout Europe.  The idea being that if the countries of Europe were more closely integrated, with a mutual dependence on each other, then the threat of war erupting would somehow lessen.  Britain joined the EU in 1973.

Perhaps the least obvious change membership of the EU has seen is that of the British Constitution.  The Constitution is viewed as being flexible.  It’s unwritten and can be altered as and when required.  It sets out a system of government that is unitary and where Parliament is sovereign or supreme to all other governmental institutions.  For us to decide whether Parliamentary Sovereignty has been lost since joining the EU, if it indeed ever existed, we must first define what it is.

Parliamentary Sovereignty can be divided into three parts:-

1.        Parliament can make or unmake any law but only if it does not conflict with EU Regulations or Directives.  In certain areas EU law does take priority over UK law.  However, when Qualified Majority Voting (QMV) is expanded into areas that currently require unanimity, the UK will in effect, lose the right of veto that unanimity currently allows.  This will mean the UK may find itself having to execute laws it didn’t necessarily want nor vote for;

2.        Parliament cannot bind its successors. This was traditionally understood to mean that say a present Labour government could not pass legislation that would come into force when a Conservative government came into power.  The EU has had a significant effect on this, as now the UK cannot pass any legislation that could, in future, contravene EU law;

3.        The Courts cannot question an Act of Parliament.  An example of this can be seen in the well-documented Factortame case of 1991:-

In this case EU law directly overruled UK law.  An Anglo-Spanish Fishing company, Factortame Ltd, brought a case against the Secretary of State for Transport concerning restrictions, placed upon them by the UK government, in the Merchant Shipping Act 1988.  Part II of the Act prohibited companies using foreign ships registered as British from fishing in UK waters.  Under EU law Factortame argued that they were allowed to fish in UK waters.  EU legislation allowed for a domestic court in the UK to go over the heads of the House of Lords, seen as the highest court in the UK, and take the matter straight to the European Court of Justice who eventually found in favour of Factortame and awarded considerable damages to the tune of some £120m for their trouble. (http://www.emplaw.co.uk/)

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The alternative view is that Parliamentary Sovereignty has not been lost but “pooled” with other member states thus giving what appears to be a much stronger position and the ability to achieve much wider gains than a single state could accomplish on their own.  By pooling sovereignty the EU can become economically stronger.  It appears to be in a much better position to negotiate trade agreements.  For example the EU forced the United States to reduce steel tariffs by threatening to place tariffs on US exports to the EU.  The UK had suffered as a consequence of these tariffs ...

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