EU has decisively returned sovereignty to the UK

• Theme 1: For - Higher courts can't strike down legislation

  Brexit ended the legal supremacy of EU law, allowing Parliament to make and repeal laws without EU interference -> Factortame Case (1990) – showed how EU law could override UK statutes (Merchant Shipping Act). -> Parliament can now legislate without risk of EU courts striking laws down. The UK repealed retained EU laws via the Retained EU Law (Revocation and Reform) Act 2023 – giving ministers power to scrap thousands of EU-derived regulations. -> Shows a formal return of sovereignty, especially over legislation and regulatory standards -> Demonstrates the uncodified nature of the UK constitution — sovereignty is theoretically supreme, but constitutional conventions and external obligations (like international trade rules) still limit it.
• Theme 1: Against Northern Ireland remains partially aligned with EU law due to the terms of the Northern Ireland Protocol and the updated Windsor Framework (2023). Over 300 EU directives and regulations continue to apply in Northern Ireland, particularly in areas like goods, customs, and agriculture, to avoid a hard border with the Republic of Ireland. Goods produced in Northern Ireland must comply with EU standards, and the ECJ retains jurisdictions. the UK government can be taken to the ECJ if it breaches any of the applicable EU legal requirements in NI -> This undermines the notion of a decisive return of sovereignty, as Parliament cannot fully legislate for all parts of the UK without constraints, and EU legal influence persists -> effectively treating Northern Ireland as a semi-detached regulatory zone. -> This highlights constitutional tensions between UK wide parliamentary sovereignty and asymmetrical devolution
• Theme 2: For - parliament can now legislate on topics previously controlled by eu -> Parliament can now legislate in areas previously controlled by the EU, such as immigration, trade, and agriculture. -> Illegal Migration Act 2023 ->Gives the UK power to detain and remove individuals entering illegally, without needing to follow EU freedom of movement rules or comply with EU court rulings. -> Would not have been possible pre-Brexit due to EU legal obligations and oversight from the ECJ -> Reflects restored parliamentary control over borders and asylum policy, a core area of national sovereignty. -> Demonstrates a clear legal return of sovereignty — Parliament can now pass laws in sensitive policy areas without external constraint. -> While this shows sovereignty has returned from Brussels, the executive dominated the legislative process, using fast-track procedures and limiting scrutiny
• Theme 2: Against -> EU membership sovereignty was not surrendered, but pooled with other member states to achieve greater influence on global issues (e.g. trade, security, environmental standards). -> The UK retained key opt-outs while in the EU, showing it had flexibility and control over important national decisions. -> Opt-out from adopting the euro ->The UK remained outside the Eurozone -> own currency and monetary policy while benefiting from access to the single market. -> Demonstrates that membership did not eliminate sovereignty, but allowed the UK to balance autonomy with international cooperation. -> By leaving the EU, the UK lost its seat at the table in shaping EU-wide policies, and its voice in one of the world’s largest trading blocs — reducing its global diplomatic and economic influence -> suggests that Brexit did not decisively return sovereignty, but rather traded influence for autonomy, weakening the UK's power
• Theme 3: Against - executive sovereignty increased?

  • much of the control gained after leaving the eu has been gained by executive rather than parliament -> eu law incorporated in uk law has been done through secondary legislation not primary -> between 1993 and 2014, whilst just 231 acts of parliament were passed that implemented eu obligation, over 4200 pieces of secondary legislation were passed that did so -> significant area of policy control regained - trade - uk gov have power to make trade deals without parliamentary approval -> march 2023 uk-asia trade deal signed without parliamentary consent
• Theme 3: For

  • number of supreme court cases during the process of leaving the eu strengthened parliamentary sovereignty against an overreaching executive
  • Article 50 case confirmed majority vote in parliament necessary to unmake a treaty that originally required parliament's consent
  • 2019 prorogation case reaffirmed the sovereignty of parliament and protected its ability to hold the government to account
  • 2018 legal continuity scotland bill ruled control over legislation previously held by the eu that related to devolved matters should not be immediately granted to scotland