The Prime Minister, Theresa May is adamant that because the British people voted leave during the Brexit referendum it gives her a mandate to by-pass Parliament.
Article 50 of the Treaty on European Union allows a member state to notify the EU of its withdrawal and obliges the EU to try and negotiate a 'withdrawal agreement ' with that state. It involves three points;
1) Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.
2) A member state which decides to withdraw shall notify the European Council of its intention. The Union shall negotiate and come to an agreement with that State, setting out the arrangements for its withdrawal. That agreement shall be negotiated in accordance with
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Advantages of article 50:
• A guaranteed way to trigger negotiations with the EU – the decision to leave does not need the approval of others.
• Striking a new agreement would not necessarily require unanimity among the other member states, unlike an EU treaty change, which change. However, a complex 'mixed agreement ' would require ratification in every EU member state.
Disadvantages of Article 50:
• It 's a one way street; once you have decided to leave, in practice, there is no turning back and you must be prepared to leave.
• There is no UK vote on withdrawal agreement, the rest of the EU will have the final say.
• Without a UK vote, the centre of gravity in the remainder EU is likely to be more protectionist, which could affect UK 's trade terms.
• European Parliament veto over a continuity deal or future free trade deal.
• The EU is in charge of the negotiating timetable.
Some Remain Campaigners and Pro-Europe MPs had hoped to use a Parliamentary vote to reject the result and claim the referendum result is only
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This is a provision of the EU treaties, which regulates states and does not confer rights upon individuals. As such, it cannot be invoked in a complaint such as the one at hand, regarding the activation of article 50.
In any event, no particular rights have been asserted by the claimant that might be infringed by this process, and therefore they are not justiciable.
Devolution:
People 's challenge:
The devolved legislatures of Scotland, Northern Ireland and Wales are bound by EU law to protect the rights of their citizens. Furthermore, Northern Island and the Irish Republic cannot be separated by different rules on free movement of EU citizens.
Government:
The Government 's use of its prerogative powers has nothing to do with devolution. The conduct of foreign affairs is a "reserved" matter so that the devolved governments have no competence over it.
Concluding Statements:
People 's challenge:
If Article 50 is triggered without the authorisation of MPs, this would create a precedent preventing any future parliament from legislating to hold a second referendum on EU withdrawal.
Government:
It is "entirely appropriate" under the UK 's unwritten constitution for the government to implement the outcome of the resolution without the need for parliamentary
There are a number of methods EU legislation is formed for instance regulations, directives and decisions are three different types of EU legislation. I am going to briefly explain these three as the way they will be enforced are different.
middle of paper ... ... 012). In conclusion, the benefits of the UK’s membership in the EU outweigh the costs. The most significant benefit is the access they have to the single market as this has managed to benefit quite Access to single market is aiding this inward investment
Scottish devolution, with its advantages and disadvantages, is the best example of how great political and social changes can be achieved not through bloody revolution but with the patience, intelligence and hard work of a united country but is still a work in progress.
This power is lodged in the Parliament and we are as much dependant on Great Britain as a perfectly free people can be on one another.”
The most significant and challenge to the traditional view of parliamentary sovereignty was Britain’s membership of the European Community in 1972. The European Communities Act 1972 brought with it the requirement that European Law be given priority over domestic courts over conflicting issues of national law. This notion was a direct affront to parliamentary sovereignty, which required that if a later statute, contradicted and earlier statute, which sought to incorporate European Law into English Law, then the later statute should impliedly repeal the earlier statute. Therefore the European Communities act imposed a substantive limit on the legislative ability of subsequent Parliaments.
To enable Britain to fulfil its part of the United Kingdom’s responsibilities within the European Union.
National judges must also consider that Ec Law regarding matters that come before the domestic courts is also Directly Effective (involving treaties) and it enforces rights and duties for Ec nationals, which can be enforced in domestic courts. This was established in the landmark case of Van Gend en Loos 1963.The National judge ¡°has to apply community law in the absence or in place of national law then a provision of such community law must to all intents and purposes be unconditional, clear and precise to form part of Uk law¡±. Kaczorowaska`98 P275 .The National judge has the ability to use discretion in the form and implementation procedure. Indeed with the concept of indirect horizontal direct then domestic judges are required to interpret their law in line with that of the community which basically emphasises the supremacy of Ec law as seen in Von Colson and Kaman 1984.
Tiilikainen, T. 2011. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty. The Finnish Institute of International Affairs.
The EU is a union of sovereign European states who share sovereignty based on treaty. The union also possesses competences in policy sectors with exclusive jurisdiction in the area of Economic and Monetary Union while others are shared with Member States (MS), the other powers belong to MS as derived from the conferral of powers art 5(2) TEU, 2(1) TFEU art.3 & 4 TFEU additionally other powers have been offered by the decisions of the European Court for direct effect on citizens
The judges, judiciary power, ought to interpret the law by providing the justice and peace to the country. An ambiguity existed in this part, because as we already know, the RP is unchecked and absolute. Sir Edward Coke, believe that the King hath no prerogative, but that which the law of the land allows him. Lord Delvin has different perspective, and said that the court will not review the proper exercise of discretionary power but they will intervene to correct excess or abuse. With the Devlin’s view we can clearly understand that the RP can help the executive power to protect the separation of powers. Lord Scarman assumed that the exercise of the power is subject to review with principles of the review of exercise of statutory power. It is worthwhile to consider that Lord Roskill successfully support a view which said that the orthodox view was at that time that the remedy for abuse of the prerogative lay in the political and not in the judicial field. While the RP is still exist, and also sets the directions of our lives, has to be reviewed. The key power of our unwritten constitution is to protect separation of powers, as the other powers acts with check and balances, the prerogative power should be
Lord Steyn was perhaps the most candid. While he conceded that parliamentary sovereignty is the ultimate controlling factor in the British constitution, he claimed that parliamentary sovereignty is a creation of common law and exceptional situations may arise where the courts have to step in to review legislation of the Parliament, implying that even the sovereign Parliament may be subjected to the rule of law.
This legally ultimate, its source is historically not legal. It is the law because it is the law and not for any other reason that it is possible for the law to take notice of. No statute can confer this power upon Parliament, for this would be to assume and act on the very power that is to be conferred. Firstly, if the Parliament itself decides to abolish its sovereignty and to use a written constitution instead to be adjudicated upon by the judiciary.
...cial for certain countries. It has also been show that a nation being involuntarily run will only cause problems such as the case in Canada. Sometimes in the best interest of a nation there are certain things you must do. If that is to allow a nation to run their own state then that should be allowed. That is why every nation must be able to have their own state if they want to.
On the one hand, without international relations from the EU, Britain is economically and socially vulnerable. While Britain’s exit from the EU may define Britain’s power according to British citizens, the type of power that matters is relative power, which is the power when it is being compared to other states. If the other states do not recognize Britain as a force of power, then its exit from the EU is pointless. On the other hand, by discontinuing the benefits granted by the EU, Britain declines the assistance that could have helped the country to become more powerful. In other words, Brexit decreases a source of gathering power for Britain, since the EU not only offers economic opportunities, but it also provides useful information so that the member states can behave accordingly. Overall, realism suggests that while Brexit increases Britain’s confidence in being powerful, it also decreases the country’s power in a way.
The United Kingdom was a member of the European Union. The European Union is an example of the second most integrated arrangement, the economic union. Therefore, voting to leave is a direct effort to reverse regional economic integration.