After Brexit, the UK constituent will not revert to what it was like before 1973 when the UK joined what is now the EU. Must else has happened in the recent decades that Brexit will not undo.

Introduction:

            The legal quote addresses the modern challenges that the parliamentary sovereignty had preached when the UK joined the European Union. It will identify the legal and constitutional issues faced by UK and parliament. Different legislation and case laws will be addressed in support of this quotation. After the involvement of Brexit in the UK constitution, several changes were made in the legal constitution, referring to the time before 1973  legal act when the UK joined the European Union. A lot of challenges occurred in the parliamentary sovereignty of UK that Brexit cannot undo. [1]

Definitions:

            The legal challenges and issues that will be addressed further include assessing the orthodox (Diceyan). The traditional view of sovereignty predicts four main obstacles: European Union law, human rights, devolution of power to Scotland, Wales, Northern Ireland, and the common law. Membership of the United Kingdom with the European Union refers to the effect of the European Communities Act 1972, while the convention of human rights is affected due to the human rights act 1998. [2]Common law is a controversial area to be addressed here, and it raises whether the supreme court can make changes on the actions of the parliament or not? For example, Lord Steyn in Jackson v AG [2005] UKHL 56.

Specifics to the question:

            Parliamentary sovereignty is a fundamental legal principle which is followed by the British constitution. Theoretical unlimited law making power is associated with this legislative body of parliament sovereignty. The parliament sovereignty principle predicts that parliament has the rights to make changes in any law while setting aside the legislation. Parliament is considered a compelling component of the bill. Some of the examples are Sir Leslie Stephens Blue Eyed Babies Statute (Science of Ethics (1882), and Burmah Oil Company v Lord Advocate [1965] AC 75. But the introduction of Brexit in the UK constitution leads to many issues and challenges, especially to the orthodox view of the parliament sovereignty.

            The first challenge that the parliament sovereignty has faced is its relationship with the European Union. European Communities Act 1972 has given the force of law to the UK courts as per the membership in a referendum. The outbreak of challenge is that for the first time, the rules implemented in the UK are not made and passed by its legislative system. The fundamental structure in the European Union Act 1972 that significantly affects the UK legal system is section 2 (1) and section 2 (4). [3]The first section refers to that statement that the EU is now a part of the UK due which UK cannot enact any enactment in its legal practices. At the same time, the other section refers to the bind the successors concerning 1972 parliament. A legal example of this challenge is the R v SS for Transport ex p. Factortame (no 2) [1991] AC 603. [4]

            Human Rights Act 1988 also affects the UKs law with several challenges to the parliament sovereignty. HRA involves implementing ECHR in the UK, which provides a detailed description of the enforceable human rights as recognized in the Human Rights Act of the domestic courts.[5] The Human Rights Act section was very challenging as it consistently interprets the UKs legislation with the convention of human rights where possible. Although the parliamentary sovereignty was not restricted, but it gives the UK court with two different measure that it can take. Also, the act does not grant permission to strike down the power of the Westminister parliaments primary legislation. For example, Chester and McGeoch v Secretary of State for Justice and another [2013]. [6]

            Devolution of power also imposed specific challenges to the parliamentary sovereignty. The three acts involved in the devolution of power are Scotland Act 1998, Government of Wales Act 1998, and the Northern Ireland Act 1998. Involvement of Brexit in the UKs legislative system and the leaving European Union was very challenging for the entire UKs legal system.[7] These devolution acts significant impact was the economic consequences due to the change in these countries financial practices. Other challenges related to this aspect are taxation and welfare, delivery of the public services, intergovernmental machinery, and how territorial constitution has been managed. Interconnect competence is also involved in one of the challenges here. [8]

            The fourth challenge faced by the UK legal constitution is the judges through the common law.  A contradiction is present in between both of these traditional practices. It a controversial area for UK and involves different restrictions on what a parliament can do. The supreme court has the power to make changes in the parliament sovereignty, but still many controversies are present within this aspect. [9]All the legal factors involved in the parliament served as the supreme lawmaker. The only requirement for a legal proceeding by the parliamentary sovereignty is to have a legal backing. Restriction to the application of social and the legal order does not allow the implementation of law. The contradiction that do arouse due to the involvement of Brexit is the differences in the view of Lord Steyn in Jackson v AG [2005] UKHL 56 and the Lord Bingham, Rule of Law (Penguin 2010). [10]

Conclusion:

Involvement of Brexit in the UK and the European Unions legal practices impact the traditional rules of UK. UK legal constitution faced four main challenges, especially when the Brexit was being introduced. In a concluding note these four challenges are the membership of European Union, Human Rights Act, Devolution and The Common Law. The challenges to the modern orthodox affected the conventional practices of the parliament sovereignty. All these challenges cannot be addressed in the case Brexit is being undone. These challenges are due to the European Union membership and the Brexit in the UKs constitution. Also, it cannot be reversed merely by the involvement of Brexit.[11]

Bibliography:

Barber, N.W., 2011. The afterlife of Parliamentary sovereignty. International Journal of Constitutional Law, 9(1), pp.144 154.

Bulmer, S. and Quaglia, L., 2018. The politics and economics of Brexit.

Elliott, M., 2004. United Kingdom: Parliamentary sovereignty under pressure. Intl J. Const. L., 2, p.545.

Feldman, D., 1999. The Human Rights Act 1998 and Constitutional Principles. Legal Studies, 19(2), pp.165 206.

Gee, G., 2016. Regaining Sovereignty? Brexit, the UK Parliament and the Common Law. European Public Law, 22(1).

Hiebert, J.L., 2013. The Human Rights Act: Ambiguity About Parliamentary Sovereignty. German Law Journal, 14(12), pp.2253 2274.

Lester, A., 2002. Parliamentary scrutiny of legislation under the Human Rights Act 1998. Victoria U. Wellington L. Rev., 33, p.1.

Krzy?anowski, M., 2019. Brexit and the imaginary of ‘crisis’: a discourse conceptual analysis of European news media. Critical Discourse Studies, 16(4), pp.465 490.

McConalogue, J., 2019. The British Constitution Resettled: Parliamentary Sovereignty Before and After Brexit. Springer.

Tetlow, G. and Stojanovic, A., 2018. Understanding the economic impact of Brexit. Institute for government, pp.2 76.

Barber, N.W., 2011. The afterlife of Parliamentary sovereignty. International Journal of Constitutional Law, 9(1), pp.144 154.

Hiebert, J.L., 2013. The Human Rights Act: Ambiguity About Parliamentary Sovereignty. German Law Journal, 14(12), pp.2253 2274.

Elliott, M., 2004. United Kingdom: Parliamentary sovereignty under pressure. Intl J. Const. L., 2, p.545.

Krzy?anowski, M., 2019. Brexit and the imaginary of ‘crisis’: a discourse conceptual analysis of European news media. Critical Discourse Studies, 16(4), pp.465 490.

Feldman, D., 1999. The Human Rights Act 1998 and Constitutional Principles. Legal Studies, 19(2), pp.165 206.

Lester, A., 2002. Parliamentary scrutiny of legislation under the Human Rights Act 1998. Victoria U. Wellington L. Rev., 33, p.1.

Bulmer, S. and Quaglia, L., 2018. The politics and economics of Brexit.

Gee, G., 2016. Regaining Sovereignty? Brexit, the UK Parliament and the Common Law. European Public Law, 22(1).

Tetlow, G. and Stojanovic, A., 2018. Understanding the economic impact of Brexit. Institute for government, pp.2 76.

McConalogue, J., 2019. The British Constitution Resettled: Parliamentary Sovereignty Before and After Brexit. Springer.