British Sovereignty free essay sample

A ; Europe Essay, Research Paper How has British Sovereignty been compromised by rank of the European Union? The word sovereignty itself means the legitimate location of power of last resort over any community. It may be defined strictly in legal footings as the power to do binding Torahs which no other organic structure can interrupt. It may be viewed as the independent power of a community to regulate itself, a territorial construct associating to the powers of independent state provinces. A.V. Dicey defined British Parliamentary Sovereignty in 1885 as Parliament has the right to do or undo any jurisprudence whatsoever, and that no individual or organic structure is recognised by the jurisprudence of England as holding the right to overrule or put aside the statute law of Parliament. This has frequently stood out as the anchor of the British Constitution and Hood Philips, a 20th century constitutional attorney called it the one cardinal regulation of the British Fundamental law Parliamentary sovereignty was efficaciously negated in 1973 when Britain joined the European Union which has injected a whole new judicial dimension into the fundamental law of Britain. We will write a custom essay sample on British Sovereignty or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This meant that the British parliament lost legal and legislative sovereignty both de jure and de facto ( both in theory and practise ) in countries where European jurisprudence took precedency. The loss of sovereignty seems to hold increased since 1973 with the turning range of European intercession and with the reforms of the vote processs. One of the key reforms was the alteration from consentaneous vote in the Council of Ministers so any one state could blackball any policy, to Qualified Majority Voting, under the Single European Act 1986. For illustration, in 1993 Britain was over ruled on the rule of a 48-hour working hebdomad. Britain held a national referendum on go oning rank of the so EC in 1975. This was simply consultative technically and so in theory Parliaments sovereignty was non affected. Parliament could non disregard the consequences and so Parliaments freedom to go forth the EU at any clip it pleased became hard and improbable. This may hold a good consequence nevertheless as the EU Torahs can non be ignored and so this helps to cut down the hazard of a elected absolutism or individual party bulk within a autonomous parliament, e.g. coercing the authorities to reform pensions jurisprudence and rights for portion clip workers. Under the footings of rank of the European Union if there is a struggle between commissariats of the European jurisprudence and United Kingdom jurisprudence so the European Law is to predominate. So Britain has basically lost its ability to make its ain Torahs. The 1972 European Communities Act stated that any difference over the reading of Community pacts, and the Torahs under them was to be treated as a affair of jurisprudence. Under the commissariats of the Treaty of Rome instances which reach the highest domestic tribunal of entreaty ( House of Lords ) must be referred to the European Court of Justice for a concluding opinion. There is besides no entreaty against the ECJ and the tribunals powers have farther been extended by the Maastrict pact. So the consequence of rank of the EU has hence been to give a new function to the British tribunals and to present a new dimension in the signifier of the ECJ. The tribunals have nevertheless enjoyed a more powerful place and this new place was shown by the Factortame instance. In 1993 the so Tocopherol uropean Communities Community introduced new fishing quotas in order to forestall overfishing in European Waterss. But Britain decided to set a halt to a practise known as quota skiping where by angling quotas were plundered by vass winging the British flag but which had no echt nexus with Britain. Under the Merchant ship act 1988 vass registered as British had to fulfill conditions of nationality, abode and legal residence. Factortame Ltd. and other companies owned 95 fishing vass which failed to fulfill one or more of the conditions as they were managed or controlled from Spain or by Spanish subjects. They challenged the legality of the 1988 Act on the evidences that it contravened European Law. The instance reached the highest tribunal of entreaty, the House of Lords which ruled in 1990 that if the cogency of British legislative act is to be challenged by the European Court, the balance may forestall the authorities implementing legislative act pending the European Court s determi nation, even if that is contrary to the involvements of British citizens. In 1991 the European Court of Justice ruled that the conditions laid down by statute law for the enrollment of fishing vass must follow with community jurisprudence. Commissariats in the 1988 Act were seen discriminatory and contrary to article 52 of the EEC pact. The opinion of the Factortame instance struck at the rule of British Parliamentary Sovereignty. The E.C.J. in consequence said that the British tribunals did hold the power to put aside Acts passed by Parliament. This power was inexplicit in footings of rank accepted by Britain, but it was now being made explicit. The 1997 Amsterdam Treaty added a new employment chapter and provided a base for the gradual debut of many other common policies. More restrictions were hence being put on British sovereignty. Britain appears to hold lost much control over many countries of economic policy such as agribusiness, duties and trade. With power being diverted from place curates to foreign curates. This means a big proportion of new statute law comes from the EU, around 60 % in all. The EU besides would look to hold a clear influence on the Prime Minister as at the 1998 European Council acme Tony Blair moved clearly to the left on issues of increased disbursement for occupations and growing and on common defense mechanism, foreign and security policies. In decision it is clear that rank of the European Union has effected one of the principle elements of the British fundamental law, the rule of parliamentary sovereignty which has been challenged and slightly overrun by the new dimensions created by rank. It is clear that now there is a shifting of the balance of power off from Britain and a dependable index is the fact that many British force per unit area groups such as the National Farmers Union are now based in Brussels. Besides many British governments now have offices in Brussels in order to keep contacts. If Britain had non joined the EU it would hold been left behind the other major powers in Europe as it had to fall in the common market in order to remain in touch economically. Britain may besides hold a absolutism manner authorities without the restraints of the EU, and EU jurisprudence has protected some civil autonomies against British jurisprudence such retirement ages and employment rights. British sovereignty has been compromised but a better more stiff system has been put in its topographic point.