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Evaluate the view that membership of the EU undermined parliamentary sovereignty - Edexcel - A-Level Politics - Question 2 - 2019 - Paper 2
Question 2
Evaluate the view that membership of the EU undermined parliamentary sovereignty. In your answer you should draw on relevant knowledge and understanding of the stud... show full transcript
Worked Solution & Example Answer:Evaluate the view that membership of the EU undermined parliamentary sovereignty - Edexcel - A-Level Politics - Question 2 - 2019 - Paper 2
Step 1
Agreement: EU laws take precedence over UK laws
Answer
One significant argument supporting the view that EU membership undermined parliamentary sovereignty is that EU laws supersede UK laws. According to the Factortame case, EU law holds priority when there is a conflict between UK legislation and EU regulation. This illustrates that UK Parliament's power is curtailed when it comes to certain areas, particularly since UK members of parliament must accept the conditions laid out within the framework of EU laws.
Step 2
Agreement: The role of the European Court of Justice (ECJ)
Answer
The UK Parliament must also abide by the decisions of the European Court of Justice (ECJ). This creates a further layer of judicial authority that can impact UK domestic laws. The ECJ has jurisdiction over matters that involve EU laws, meaning UK Parliament cannot fully control or nullify EU directives, further asserting that parliamentary sovereignty is indeed compromised.
Step 3
Disagreement: Withdrawal Rights
Answer
Conversely, an argument against the idea that EU membership has undermined parliamentary sovereignty is that the UK can withdraw from the EU. This point emphasizes that Parliament retains the ultimate right to decide on membership, suggesting that sovereignty is not irrevocably lost. The flexibility of withdrawal implies that Parliament holds a significant power to reclaim sovereignty when necessary.
Step 4
Disagreement: Retained Sovereignty in Key Areas
Answer
Moreover, EU member states maintain sovereignty in several crucial areas, particularly in matters not governed by EU law. Key decisions still lie within the exclusive purview of the UK Parliament. This selective sovereignty indicates that membership does not entirely eliminate parliamentary power; rather, it shares it in areas of mutual interest.
Step 5
Balancing the View
Answer
Thus, while it is evident that EU membership has imposed certain restrictions on UK parliamentary sovereignty through the precedence of EU law and the authority of the ECJ, it is equally important to recognize the existing avenues for parliamentary power such as the option to withdraw and retain sovereignty in vital areas. Therefore, the debate remains nuanced, as the pooling of sovereignty is complex and influenced by political dynamics and public sentiment, as evidenced in the EU referendum campaign.