What Are the Constitutional Impacts of Brexit on Britain?

TL;DR

Brexit has redefined the British constitution by elevating the sovereignty of the people over parliamentary sovereignty, as seen in the case of referendums. Membership in the EU challenged parliamentary supremacy by allowing courts to disapply legislation incompatible with EU law. The implications of Brexit extend to devolution, raising concerns about the internal market and the balance of power between Westminster and devolved governments.

Transcript

ladies and gentlemen I think I must begin by congratulating Gresham College on its questions in asking me one year ago to give a lecture on brexit and the day after a very crucial vote but I myself have to begin with two apologies the first is I won't be talking about yesterday's vote or what we should do next because I haven't the faintest idea an... Read More

Key Insights

• 🥺 Brexit has led to the introduction of referendums in British government, highlighting the principle of the sovereignty of the people.
• ✊ EU membership has challenged the principle of parliamentary sovereignty, as certain decisions are bound by EU law, limiting the power of Parliament.
• 🇪🇺 The European Union's Charter of Fundamental Rights has empowered British judges to disapply legislation, impacting the balance of power in British government.

Questions & Answers

Q: How has the introduction of referendums in the British government affected decision-making regarding Brexit?

The introduction of referendums and the sovereignty of the people has resulted in a situation where the government and Parliament feel constrained to pursue Brexit, even though they may not support it. This conflict between a supposedly sovereign Parliament and a sovereign people is unprecedented in British history.

Q: How has EU membership affected the principle of parliamentary sovereignty?

EU membership has necessitated the abrogation of the principle of parliamentary sovereignty, as certain decisions are bound by EU law. While national sovereignty can be traded to varying degrees, parliamentary sovereignty is seen as an absolute concept that cannot be qualified.

Q: What impact has the European Union's Charter of Fundamental Rights had on the British legal system?

The Charter, which became part of EU law in 2008, has led to the disapplication of legislation by British judges when it conflicts with human rights. This has altered the balance of power in British government, shifting influence from Parliament and the executive to the courts.

Q: How will Brexit affect the devolution settlement in the UK?

Brexit raises questions about how the internal market within the UK will be preserved once it leaves the EU. The central control of certain devolved matters, such as agriculture and fisheries, may need to be established, potentially impacting the autonomy of the devolved bodies.

Summary & Key Takeaways

• Brexit has led to the introduction of the referendum in the British government, giving more power to the people in decision-making.

• The concept of parliamentary sovereignty has been challenged by membership in the European Union, as certain decisions are bound by EU law.

• The European Union's Charter of Fundamental Rights has altered the balance of power in British government by allowing courts to disapply legislation that contradicts human rights.

• Brexit will have significant implications for the devolution settlement in the UK, particularly in terms of maintaining the internal market.