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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
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One significant argument supporting the view that EU membership undermined parliamentary sovereignty is the precedence of EU laws over UK domestic legislation. This means that when there is a conflict between UK laws and EU laws, EU regulations take priority. This situation poses a challenge to the principle of parliamentary sovereignty, as it restricts the Parliament's ability to legislate independently.
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Furthermore, all EU member states are required to adhere to the single market's regulations. This includes accepting rules concerning the movement of goods, services, capital, and people, thereby limiting Parliament's legislative power. The impact of compulsory compliance with these regulations is an essential factor in arguing that parliamentary sovereignty has been undermined.
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On the contrary, one could argue that the UK's ability to withdraw from the EU serves as a safeguard for parliamentary sovereignty. The mechanism for withdrawal exists within the framework of EU treaties, indicating that Parliament retains the ultimate decision-making power over its relationship with the EU. This perspective contends that parliamentary sovereignty has not been undermined but rather exists alongside membership.
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Additionally, it is critical to note that while EU membership entails shared decision-making, the UK retains sovereignty in crucial areas such as foreign policy and criminal justice. Hence, the argument posits that parliamentary sovereignty continues to function effectively without being completely eradicated by EU commitments.
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In summary, the debate over EU membership and its impact on parliamentary sovereignty is complex. While there are strong arguments pointing to the limitations imposed by EU regulations, the ability to withdraw and retain control over significant policy areas suggests that parliamentary sovereignty can coexist with EU membership. A nuanced view acknowledges the interplay between both perspectives.
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