Photo AI
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
Agree that membership of the EU undermined parliamentary sovereignty
Answer
EU laws take precedence over UK laws, meaning that Parliament's ability to legislate is limited in areas where EU law is applicable. For instance, the Factortame case demonstrated how UK legislation could be annulled if it conflicted with EU law. This precedence underscores a shift in power from UK Parliament to EU institutions.
Additionally, EU member states must comply with EU regulations without having a veto in certain decision-making processes. The European Court of Justice (ECJ) also has jurisdiction over member states, which further erodes the UK Parliament's authority.
These points generate a strong argument that membership in the EU has indeed undermined parliamentary sovereignty.
Step 2
Disagree that membership of the EU undermined parliamentary sovereignty
Answer
While there is much evidence supporting the view that EU membership undermines sovereignty, it is also crucial to consider that the UK retains the right to withdraw from the EU. Parliament holds the power to make substantial decisions, including the ability to opt out of certain areas of EU law through mechanisms such as 'opt outs' and veto rights. Furthermore, sovereignty has not been outright 'pooled' but rather 'shared' within an agreed framework allowing for collaborative legislation.
The UK Parliament's role in the EU institutions also allows it to influence decision-making, further mitigating claims that sovereignty has been wholly transferred to the EU. Therefore, while it can be argued that EU membership limits parliamentary sovereignty in some ways, it does not necessarily mean that it has been fundamentally undermined.