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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 of the key arguments supporting the view that EU membership undermined parliamentary sovereignty is that EU laws have precedence over UK laws. This means that when there is a conflict between UK legislation and EU legislation, UK courts are obligated to follow EU law. This effectively limits the power of Parliament to legislate freely in certain areas.
Step 2
Agreement: EU member states must accept conditions of the single market
Answer
Additionally, all EU member states, including the UK, are required to accept the conditions of the single market. This includes regulations and directives that are imposed by the EU, which may not align with the UK’s national interests or the wishes of its Parliament, further indicating a loss of sovereignty.
Step 3
Agreement: UK Parliament must adhere to decisions of the European Court of Justice
Answer
Another aspect is that the UK Parliament is bound to follow decisions made by the European Court of Justice (ECJ). This judicial oversight from an external authority can be seen as a significant constraint on the independent legislative power of Parliament.
Step 4
Disagreement: The UK can withdraw from the EU
Answer
Conversely, it is important to note that the UK retains the right to withdraw from the EU, which emphasizes that membership is not compulsory. This point raises questions about the extent to which sovereignty is genuinely undermined if the option to leave exists.
Step 5
Disagreement: UK member states retain sovereignty in vital areas
Answer
Furthermore, while EU rules govern many areas, it can be argued that member states have retained sovereignty in significant legislative domains. The UK has maintained the right to veto on certain issues, asserting its ability to govern autonomously in critical matters.
Step 6
Disagreement: Sovereignty has been pooled, not completely lost
Answer
The idea of pooled sovereignty suggests that while some powers are delegated to the EU, the UK Parliament still holds significant authority and can reclaim powers if desired. This perspective indicates that parliamentary sovereignty has not been entirely compromised by EU membership.