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The UK is known for its modern parliamentary democracy and the revolution of industries. Its highly developed economic, political, cultural and scientific influence can be observed worldwide. The most organized British constitution is composed of law and rules and works based on the principle of parliamentary sovereignty. It means the parliament has more power than any branch of the government and they can create or end any of the laws they choose. The process of Brexit affected the whole parliamentary sovereignty, which was the term that indicates the withdrawal process of the UK from the European Union. The aim, objective, significance and rationale of conducting the research are the key areas which are covered in this chapter.
The post-Brexit scenario of the UK has not changed a lot yet, however, the already existing law from the EU, will end in 2023. It means by the end of 2023, the UK has its own law which can be made based on the betterment of the citizens. It also indicates the rise of the judicial system of the UK which has the ability to make an end to the supremacy of the parliament over all the government body and the right to make or end a law.
“Brexit” is an abbreviation of two words which are the British and Exit. It indicated the process of the UK withdrawing from the European Union (EU). The people of the UK voted in support of leaving the EU in 2016. The main article, which regulates the withdrawal process of any state from the EU, is article 50[1]. The withdrawal process ends in 2020 and from then the relationship between the UK and the EU is based on the "Trade and Cooperation Agreement". However, the whole process left a major impact on the citizen, companies and every public authority in both UK and the EU.
Brexit is considered one of the most important political events in recent times which left a major impact on the history of Britain[2]. However, there are many factors which influence the withdrawal process such as sovereignty, immigration and most importantly the economy. The main question, which was raised by the majority of the leave voters, was that all the decisions of the UK should be on behalf of the citizen of the UK, not the EU residents. The implications of withdrawing from the EU are for the legal principles of parliamentary sovereignty and it is considered the most important feature behind the decision[3]. The law between the EU and domestic law was the most controversial sector for most of the time when the UK was a part of the EU. The parliament's sovereignty is the base principle of the Constitution of the UK and throughout the whole time of its membership in the EU, the parliament’s sovereignty remains. However, the withdrawal agreement has still commitments on the part of the UK which will be beyond the period of the transition, especially in the case of the rights of the citizens[4]. For example, the EU’s court of Justice has the jurisdiction, through which they can hear any case for up to 8 years.
After Brexit, many laws which were a part of the EU were the result of comprises between the members of the EU and were duplicated into the UK’s statute books. However, in major cases, those laws do not support the priorities and objectives of the UK. The Brexit and the Freedom bill, which was introduced in the parliament, will put an end to all the legal status of EU laws by 2023[5]. It means the UK will have its own opportunity to develop the laws and regulations, which fit the basic need of the UK and help it grow further. However, the main aspect of Brexit provides an indication towards the end of parliamentary sovereignty because the growth of the judiciary in the UK system is continuous. There is another reason that indicates the end of Sovereignty is that, they are no longer bound to the laws made by and for the EU.
The main focus of the study is to evaluate the parliamentary system of the UK and the effect of Brexit on the core system. The situation of the UK under the membership of Brexit was more complicated if compared based on the law and regulations[6]. The major laws that were implemented in the whole UK were majorly made with 28 other members. Because of that, those laws were not aligned with the objectives of the state and citizens[7]. Moreover, parliamentary sovereignty was another reason that made the voters raise questions. The withdrawal of the Pre-Brexit has a huge impact on the UK because it will provide the opportunity to make new laws on the basis of the citizens' needs and the overall growth of the nation. However, the post-Brexit indicates an end of parliamentary supremacy, which will eventually lead to the rise of the judicial system and the power hand over to the governmental authority[8]. The supremacy of the parliament affects the laws and regulations because they have most of the control over the laws that are implemented in the state. Under the parliament's sovereignty, the parliament had the right to impose and end any of the law, and the rise of the judicial system will help to make the betterment of the citizens. The implementation of the UK's law is the most awaited event in the history of the UK, which can change the whole system for the citizens.
Aim
The research aims to evaluate the parliamentary sovereignty in the UK before and after the withdrawal from the European Union.
In this process, how it affects the rights and the laws of the state, which eventually affects the life of the people of the UK. It also focuses on that time when the UK was a part of the EU and how it had impacted the lives and core structure of the state. It will help to understand the significance of the Brexit process and the parliament's sovereignty after the withdrawal.
Objectives
The main objectives of the research are-
The constitution and the court of the UK are going to have a major role in the growth of the UK’s citizen’s rights. It also challenges all the rules and regulations which do not align with the principle of protecting human rights. The research objectives are made to focus on the process of evaluating the parliamentary sovereignty in the UK which runs through the system for years[10]. The other objectives are based on the impact of the UK’s membership in the European Union and Brexit and on the other hand, to analyses the effects of the rise of new UK law.
The process of research is going to be done with the help of some questions, which can help in the process of understanding the objectives-
Q1. What is the impact of parliamentary sovereignty in the system of the UK?
Q2. What is the impact of years of the UK's membership in the European Union?
Q3. How the post-Brexit effects and how the rise of new UK law will affect its own people?
Brexit has a major effect on the laws which are duplicated from the EU (H0)
The parliamentary sovereignty is going to change and the judicial part of the UK will rise (H1)
The research is based on the effects of Brexit and how parliamentary sovereignty had an effect on the UK and how the whole situation of the Post-Brexit is going to change the parliamentary sovereignty. As a member of the EU, the parliament was the supreme source of power in the UK and all the judicial and other governmental authorities of the State had less power[11]. The major laws which were implemented under the membership of the EU were not aligned with the basic rights of the humans of the UK, because the UK had accepted the supremacy of the EU laws for the longest time. The withdrawal process from the EU has allowed expanding the UK's own laws according to the need of the citizens[12]. For that research, the required information about the pre-Brexit situation of the UK is available in the form of Journals and on the website. However, most of the information about the post-Brexit situation in the UK and parliamentary sovereignty is not available. It has affected the research process and the because of that the path of research became limited to some extent.
Great Britain planned to leave the EU and it was decided that Parliament's Sovereignty will be replaced, as the UK will not stay more in any kind of binding by EU laws. Whenever Parliament regains authority, the orthodox standard will not be restored. In UK, the Parliament is the supreme legal authority, and is set apart from other countries. Parliament is the body controlled by English law and it is declared that no person or body has the right to override or set Parliament's legislation[13]. There are no written constitutions and the constitution that is put in is based on the constitution of the UK. As there is no written constitution the UK constitution and the functioning of the parliament have gone through many changes that were noticed when the UK joined the European Union. In the courts, the judges were provided with the great responsibility of protecting the rights of the citizen of the UK maintaining the value of standards and respecting UK laws. Government officials also were not allowed to use public authority unless the legal content is based on certain rules and laws. The orthodox Parliamentary Sovereignty was not under the effect directly that is covered by the EU laws.
Figure 2.1: Conceptual framework
The analysis of the study is based on the power transferred to the Parliament and now it is announced that the power which Parliament holds can have an effect on any other laws of the country. Any other laws other than the laws of the Parliament are not going to have any effect on the country and the parliament's law will not have any effect by the EU laws. In the new sets of laws, the courts have no right to overrule its legislation and no Parliament can have such a law that cannot be changed in the future. Parliamentary sovereignty is also called parliamentary supremacy or legislative supremacy[14]. It means the parliament the legislative body is the supreme body over all the government institutions taking executive or the judicial bodies into it. In the concept of Parliamentary sovereignty, it means that it will have the full authority to control all other governments. The constitutional monarchy is fully restricted and it is said that other than the Parliament no other body is there which can have the constitutional law and by this, the Parliament restricted all the monarchs from producing their own laws and applications. The Parliament will only have the constitutional right and no other power can hold back the constitution of the country. The Parliament is the only body that can make laws and the laws are the only laws that are needed to follow. The Sovereign is the national identity and pride that gives a sense of stability and continuity, the officials believe in success and excellence and believe in voluntary services. In all the other roles the members of the immediate family support the sovereign. The analysis depends on the value of the Parliament in making some stable power for producing laws that can never be changed and cannot be modified.
The British parliament has no written constitution that would bind the powers of the parliamentarians. This has resulted in the implementation of many new rules and regulations that have created both threats and opportunities for the nation. The recent implementation of the Brexit laws is one such example where the parliament has swiftly turned the table around to bring back the power. Brexit was considered an excuse to regain the sovereignty of the parliament[15]. It was later realized that the European Union has not limited the power of the parliament rather there was difficulty in the system which prevented the power. Brexit was proposed to establish a new start in the UK Parliament. The delegation of powers from the European Union (EU) potentially decreased the status and supremacy of the power of the parliament.
Figure 2.2: Limitations of parliamentary sovereignty
The law of the EU was taking over the law of the UK which diminished the powerful status of the UK. The political atmosphere was more largely affected when the laws of the UK parliament were ignored and disallowed. This created a traditional view for some political economists that the EU is overpowering the sovereignty of the UK. The parliament after Brexit has undergone incredible changes that affected the functioning of the parliament.
The House of Commons failed to analyse the situation that was created after the announcement of the Brexit rules. The interpretation of various parliamentarians was not accepted at the earliest who led to failure in the sovereignty of the parliament. Various innovative mechanisms were applied to extract the information from the ministers so that early analysis of the threats can be minimized. The commons exited itself from the EU Select Committee and hence ground for negotiation was not realized[16]. It provided an opportunity for the government of May to show the accountability and the powers of minorities in the government but it failed in all its attempts. The dynamic changes happened especially after the government was ruling under a minority rule. Concerns remained related to supporting or exiting from the policies of Brexit and this created a condition of rhetoric. Therefore, section 13 was applied for ratification of the meaningful votes from the MPs.
Figure 2.3: Rule of Law in the parliament of UK
The postponement of votes severely angered the MPs which resulted in the creation of confusion about whether they are soft or hard on the Brexit rules. This forced the MPs to apply for a no-deal exit and significantly depart the EU. This created a heated controversy along the lines of Brexit and politicised the issue. The soft compromise would help in significantly approaching a change in the rules of the policies and preferring a no-deal option[17]. The absence of state building blocks failed to create a constant line of communication among the members whichresulted in the creation of an alternative majority. The Parliaments Act of 2011 has created unbalance in the relationship between the parliament and the executive thereby removing the power of the PM to use unilateral direction. It also created a constant threat for the Parliament related to the backbenchers who remains unpredictable to the decisions of the government.
The change in policies resulted in a change of government created through populist rhetoric. The rhetoric was proposed which set the parliament against the people. The exit of Theresa May and the entry of Boris Johnson were mainly through popular rhetoric. He proposed a no-deal Brexit which set the stage for cross-party conflicts and created an unstable parliament approach. The approach of the government has created a popular claim suggesting the difference between the people and the parliament[18]. This resulted in the creation of two groups that include the antagonistic and the homogeneous or “the people vs the corrupt elite”. After huge support from the majority of the polling, the programme of the bill came to the final conclusion. The majority approved avoiding the membership of the customs union and maintaining the sovereignty of the House. The laws that were preventing the parliament from properly influencing the powers were totally removed from the referendum.
Figure 2.4: Evolvement of populist ideologies
The government has no legitimate democracy other than considerable support from the House of Commons. The Supreme Court too rejected the proposal of the Whitehall view and supported parliamentary democracy. The senior members who are related to the ministers proposed that the decisions of the government cannot be simply implemented but need to be review whether it is good for the public or not.
The process of a referendum is very much unpopular in the UK democracy but the Brexit policies have forced the government to apply the phenomenon. This has created a very unfamiliar situation in the parliament and a high ground for instability in the government. The government of the UK during the rule of Theresa May faced very little resistance to the functioning of the parliament[19]. The implementation of Brexit has totally altered the criteria of the government functioning and created instability in the adoption of various rules and regulations. The post-Brexit has created a challenge to any further prime minister. This involved the constraints in the personality of the individual and political constraints. The post-Brexit has drawn red lines in the adoption of a more confrontational form of government[20]. The Eurosceptic notion was almost eliminated and laws became more rigid and traditional under the rule of the majority.
Figure 2.5: Importance of separation of powers for checking instability
The minority government created a difficult situation for the parliament and led to divided parties. The pre-Brexit condition was more rigid and Eurosceptic, which prevented the authoritarian rule of the parliament but post-Brexit, resulted in an unstable parliamentary crisis. The constant flex of government from 2020 created a dividing line for the opponents of Brexit policies and Eurosceptic. Moreover, divisions within the parties created conditions for acute instability in the parliament and parties became fragmented. Though the advent of the minority government was invented post-2017 the result of this became more prominent after the announcement of Brexit. The adoption of Article 50 forced the May government to adopt a straightforward approach to the adoption of a majoritarian government[21]. The rule of the minority government backfired for a more productive approach to the Brexit deal as many backbenchers came forward who has distinct ideals from the majority government. The tendencies for instability became more pronounced with the deepening of the crisis.
Brexit has created several loopholes in the procedural process of the Parliament. It has also created discrepancies in the functioning of the executive and the legislature. The conflict in the adoption of certain laws overall impacted the policies of the government. Executives were accused of overpowering the approval of the Parliament and creating questions on the amendment and introduction of laws[22]. The important role played by the House of Commons revealed the influential powers played by the speaker of the Parliament. This is especially possible during the rule of a minority government. The major decision taken by the minority government helps the Parliament to disallow the process of a referendum.Not only that, but it also questioned the speakers’ role in maintaining the international treaties[23]. The referendum created more disruption in the functioning of the minority government.
The role played by the parliament was more like the delegates and less like the representatives of the people. In the whole process of Brexit, the action taken by the Parliament failed to implement parliamentary sovereignty. The Parliament failed to remain accountable for the activities that it was performing[24]. The parliament processed actions that were appropriate to the constituencies but did not follow the popular vote. This shows that the Parliament has to take on new functions, which would align its policies with the current political system. The larger role-played by the speaker creates a contradictory role among the executives and the legislature[25]. This conflict and contradiction increased more after the post-Brexit though the initial advent already happened in the year 2017.
There must be some literature gap as the research that is constructed is based on secondary qualitative methods and the data that was collected is not enough to have a clear view of the study and further research needs to be done. The content such as journals and books was used in extracting data but the content is so vast that it is not enough to have collected data from the desk material. The materials that are there for the extraction of data are not at all enough and the method of primary qualitative is needed to have clear views from the research. Alternative research must be done to cover up the left part of the research that is felled uncovered.
This research is about the role of Brexit in bringing changes in parliamentary sovereignty in the UK. Brexit states the withdrawal of the government of the UK from the European Union. This withdrawal laid an impact on the functioning of the UK and affected the growth of the nation. Thus, to learn about the impact of Brexit on the parliamentary sovereignty of the UK and the changes that came in the functioning of the parliament are analyzed. It is discussed here about Brexit and its impact on the parliamentary sovereignty of the UK. This analyzed about the failure of the rules and regulations in the government of the UK due to Brexit.
It was seen that the British government had no written constitution before Brexit. Thus, it became mandatory for the government to form new rules and regulations to run the nation. Thus, the withdrawal from European Union led the higher authorities to form new rules and develop a separate constitution for the people of the UK. The nation has withdrawn from the European Union to develop a separate written constitution for the people of the UK. It was found that it became difficult for the house of common to analyze the situation that has occurred due to Brexit. Hence, this led to the failure of the parliament of the UK. Along with that, a conflict developed between the people of the UK and the parliament. All these affected the functioning of the UK and led to the failure of parliamentary sovereignty.
This highlights the strategies that the researcher adopts to gather relevant information regarding the research work. Brexit affected the life of people in the UK, along with that; it laid an impact overall country[26]. The researcher has to adopt a proper strategy to gather information about the UK's parliamentary sovereignty before and after Brexit. This was one of the major incidents, which affected the growth of the nation and laid a diverse impact on the country. The relevant information about Brexit and its impact is possible by completing some research work regarding it. Brexit laid a harsh impact on the development of the UK and its economy[27]. Thus, gathering information regarding the impacts of Brexit and the condition of the parliament of the UK before and after Brexit would require making some research. Effective research can bring relevant information regarding the condition of the UK. Thus, it is necessary to adopt the proper method of research to gain relevant data. Along with that, it is also necessary to adopt an effective research approach and philosophy to learn about the sovereignty of the parliament of the UK[28]. Adoption of an effective approach, method, philosophy and design is helpful to gather information regarding this. The socio-legal methodology, also known as the sociology of law is selected for the present research study which helps to answer the research questions to meet the research aims and objectives. A socio-legal methodology is an approach that analyzes the law which is directly associated with the analysis of the social situation in which the law applies.
The research would be undertaken in a way that would help the other researcher to add more resources to the collection of data. The secondary thematic analysis chosen for the study would help the researcher to understand the concept based on various factors that have been mentioned in the literature. It would help the researcher in getting more knowledge related to the law and its integration with the policies of the Brexit laws[29]. Constructive research philosophy would help in providing more justification for the research methodology that is chosen.
This application of philosophy would help in the determination of an appropriate approach that could be implemented for the study. The larger role played by the government pre-Brexit and post-Brexit would be greatly analysed if proper philosophy is chosen for the study[30]. The positivism approach would help the researcher to add more knowledge to the already existing data that would be beneficial for the future researcher. The philosophy would help the researcher to gain an insightful understanding of the already existing data that would prove beneficial for the future researcher. The interpretivism philosophy is used to analyze the secondary data to understand the UK's Parliamentary Sovereignty pre and post-Brexit[31]. This philosophical approach helped to interpret the different effects of the pre and post-Brexit in the UK. Research philosophy influenced the present research by providing knowledge and ideas about the different factors of Brexit[32]. Interpretive research philosophy helped to understand the truth of the objectives based on certain themes derived from the research questions.
It is the procedure, which is adopted by the researcher to collect relevant data, analyze that information and interpret it to get the required information. The researcher gets the option of selecting the most effective approach among qualitative, quantitative and mixed. The relevant information about Brexit is gathered with the adoption of a qualitative approach. This approach brought forward the impact of Brexit on the parliament of the sovereignty of the UK[33]. Brexit laid a harsh impact on the government of the UK and led to slow the growth of the organization. The adoption of this approach is helpful to analyse the data effectively. It helps to get answers regarding the reason for Brexit and its impact, which can help to get rid of this.
This approach helps the researcher to get knowledge by researching to its depth and analyzing the data. The adoption of this approach is helpful to get results that are not possible to obtain by numbers. Hence, the adoption of this approach is helpful to gather information regarding Brexit’s impact and how it affects the sovereignty of the parliament of the UK[34]. This approach is helpful for the researcher to gain quality data regarding the role of government to strengthen the situations that occurred due to Brexit. The adoption of this research approach is helpful to learn about the rules and regulations of the government of the UK before Brexit and what changes are brought in those regulations after Brexit. Hence, the adoption of a qualitative approach is helpful to complete this research about the parliamentary sovereignty of the UK before Brexit and the changes that came in it after Brexit.
The research approach states the steps followed by the researcher to analyze the collected data. This research followed the thematic analysis on the basis of qualitative data. It followed a basic procedure as the data is collected by the qualitative data collection method and then it is coded after analysing the data. On the basis of those coding, themes are generated and those are analyzed and interpreted to get the relevant data.
Socio-legal approach is cooperative inter-disciplinary research that helps to interpret the research objectives in the context of social science. As Brexit affected the different social factors of the UK, thus this research approach helps to understand those changing situations[35]. The secondary research methods help to understand the different scenarios with the help of a wide range of information. Thematic analysis influenced the research to understand the different effects of legal action in society[36]. Different legal actions affected the function of social activities during pre and post-Brexit.
The research method acts as a guide to the researcher, which helps the researcher to obtain an idea regarding the methodologies of the research. It helps to identify the type of research framework that can help the researcher to formulate the research effectively. The study about the UK’s Parliamentary Sovereignty pre and post-Brexit requires the adoption of an effective research method. The research method states the strategies, processes and techniques used to gather information. Along with that, it also states about the utilization of proper strategy for analyzing the data, in order to gain new information to understand the effect of Brexit on the government of the UK.
The adoption of the Secondary research method is helpful to gather data regarding the parliament of the UK. There are two types of secondary research methods, which are based on external and internal resources. The adoption of both external and internal resources is helpful to gather relevant data and analyze those data. The adoption of this research method is helpful and cost-effective[37]. This research is based on the data that are already gathered by some other researchers thus, it helps the researcher to get ready-made data regarding Brexit. Thus the research would not require making any new research. The research will get specific data regarding the role of Brexit in affecting parliamentary sovereignty[38]. The sources of the secondary method include the newspaper report, internet, books and journals.
The secondary research is undertaken on the basis of existing data. Those data are explained broadly which helps to develop a broad understanding of the data. The collection of data regarding the sovereignty of the parliament of the UK before Brexit and changes that came in the parliament after Brexit requires having a broad understanding of Brexit, its impact, and the reason behind Brexit[39]. Hence the adoption of the secondary research method is helpful to gather information regarding Brexit and the changes that came due to this.
This is a framework of the research method and techniques, which is implemented by the researcher to gather relevant information. There are many research designs, which are adopted by the researcher to gather effective and significant data regarding Brexit, its impact and the changes that came in the UK due to Brexit[40]. The adoption of a proper research method is helpful to gather relevant information and analyze and interpret the data to come to a conclusion. The researcher has adopted the descriptive research design to gain relevant information regarding the research.
The descriptive research design has been adopted by the researcher which is applicable to gain data regarding the impact of Brexit and the changes that came in the nation due to Brexit. The adoption of descriptive research design mainly focuses on the subject of the research. This helps the researcher to gain the data in the simplest way. It helps the researcher to study and describe the distribution of the variables easily without the hypothesis and findings of other factors[41]. Knowledge about Brexit and its impact requires gathering information from diverse sources. Hence it becomes tough to analyze all data and generate hypotheses from those to proceed toward the result.
The adoption of a descriptive research design is helpful as it would only study the research works of other writers and the findings from other secondary sources. This particular research design will help in identifying the shortcomings of the data collection. A systematic descriptive design in this research will be helpful in noting the information regarding the events in UK. The reason behind the failure of Brexit is not easy to be analyzed on the basis of any theory and hypothesis[42]. Thus this design helps to analyze the collected data and get the reason. It would not require maintaining a huge procedure thus, the adoption of a descriptive research design is helpful for the researcher to gain relevant data and analyze those data.
The present research would be conducted by collecting information on the different situation in society that is strongly influenced by legal actions. The pre-Brexit situation is different from the post-Brexit situation in the UK[43]. The parliament took different actions and offered different laws after Brexit. It affected almost every aspect of society, especially the business industry of the UK. Secondary data from the different authentic literary sources created and positive impact on the research design that influence the analysis and interpretation of the data.
The adoption of proper methodology is helpful for a researcher to gain relevant data regarding the role of Brexit in affecting the sovereignty of the parliament of the UK. The researcher has followed the research onion to gather relevant information regarding Brexit and maintained proper procedure for gathering data and analyzing the data. The adoption of a proper research approach helped the researcher to get quality data regarding the condition of the parliament of the UK and changes came in the sovereignty of the UK parliament due to Brexit. It is found that the thematic analyses of the data helped to focus on relevant data only. The researcher has adopted the descriptive research design, which helped to focus on relevant data and analyze the data in the simplest and easiest way. Hence, the methodology adopted by the researcher is helpful to gather effective data, analyze them and interpret those data to get a relevant result. Thus, it could be said that the adoption of a secondary qualitative data collection method and thematic analyses is helpful to gather relevant data regarding the parliamentary sovereignty of the UK before withdrawing from the European Union and the changes came to in it after Brexit.
Socio-legal methodology is selected for the present research study that helped to understand the social conditions of the UK pre and post-Bresxit that are influenced by parliamentary actions. Interpretive philosophy influenced the research process to identify the effect of parliamentary actions on the society of the UK before and after Brexit[44]. The parliamentary sovereignty would be restored as after Brexit UK is not bounded by the laws of UE. The thematic analysis provided a clear description of the effect of legal actions on society to fulfill the research objectives[45]. Post- Brexit provides an opportunity for the parliament to create or improvise any laws as per their concern.
Data findings and analysis involve data interpretation based on the collected data for the present study. The data are interpreted through analytical and logical reasoning to determine the trends and patterns. The present study tries to understand the effect of parliamentary sovereignty, laws, and the new judicial system on UK citizens. The judicial system of the UK offers its citizen effective laws that influence the achievement of human rights. The Human Right Act of the UK requires the support of the Supreme Court to “take account” of decisions.
The rule of law ensures the public authority and equality of the citizens. The court of the UK deals with Mental Capacity Act to make any actions or decisions. The post-Brexit constructed a new trading barrier between UK businesses and foreign companies. It creates a great impact on the import and export system of the UK followed by sapping investment and contribution to labour. The post-Brexit effect increases the inflation problem and affected workers along with the business community. Almost declines 15% of trading creates a negative impact on financial services. It also has some positive impacts on the UK such as it reduces regulations, although it created new restrictions. It gives the opportunity to trade more freely with non-EU markets. The UK was able to establish a new market for trading business with several non-EU countries. It influenced the economic system to some extent. Also, it reflected adverse impacts by reducing both numbers of the trading relationships and overall trade volume between UK and EU firms. The After effect of Brexit opens up the economic market scope for the UK, which directly created an impact on the economy.
Brexit has been a critical decision by the UK that has imparted a significant impact on the overall global scenario. The decision taken up has imparted a significant impact on the parliamentary sovereignty of the country. The trade act was further amended in 2021 and it affected the foreign relation of the country with other countries in the EU continent. The associated issues have impacted overall trade relations and other policies. Hence it gave rise to the notable factors of the political turmoil in the country. The respective houses in the parliament had their diverse share of opinion which results in a tumultuous political scenario in the UK and associated regions[46]. The parliament in the UK is held in the highest regard and is considered the supreme legal authority in the country which is acknowledged as the parliament's sovereignty. Over time multiple bills were passed prior to the passage of the Brexit law in the country.
This decision was taken after consideration of several bills passed in favour and against this policy. Data suggests that this bill aimed in breaking the shackles of orthodox regulations since the laws, motifs and social trends have changed signings since the era of A. V. Dicey, who laid down the foundation of the British constitution. This law, however, was aimed at reinstalling the power of authority of the UK parliament in the country which currently was believed to be curbed since they joined the EU in 1972. The aim of Brexit was to instil the power of parliamentary sovereignty in the country. On 20th December 2020, The House of Commons voted in favour of the European relations future bill (Future Relationships Act 2020, c. 29), the ratio was 571 votes to 73[47]. The passage of this bill laid the foundation of and decides to separate its norms from eh guidelines of the European regulations. This bill received a high level of support from the then Boris Johnson-led conservative party along with the labour party, the largest opposition party in the UK parliament. This bill was passed a few hours before the transition period which averted a no-deal Brexit to pass from the parliament. It has been an exhilarating journey for the countrymen alike to commit to new changes and relations with the associate countries in the region. This policy did not only circulate the political factors but the economic state of the country since it affected the trade relation and regulations as well[48]. This law was opposed by many in consideration of the globalisation and benefit of the requirement of emboldened trade relations for the country in light of the current political scenario, issues were highlighted by Theresa May who resigned after the passage of this bill. However, this law served its purpose and parliamentary sovereignty is now the ultimate authority in the country to govern the laws and regulations for the countrymen.
The root cause for the passage of this law was highlighted in response to the tweaking power of the parliament which was primarily driven by the factors of external intervention. Currently, the country experienced several instances of terrorist activities driven by the motif of the conservative party led by Borris Johnson and the labour party as well. The purpose of this law was targeted to "take back control", this motif was raised in the parliament which swooped the majority of the votes in favour of this law[49]. This law was favoured by most in an attempt to reinstate the parliamentary power country and maintain law and order in the country. The situation handled under the Terrorism Act of 2006, the London Bridge stabbing in 2019 was one of the major incidents that sparked the initial debate of the conservative party to mitigate the influence of external forces on the decision-making abilities of the country. Especially, it aimed at regarding immigration policies which were further emboldened after Brexit[50]. Failure to address anti-establishment sentiments that prevailed at large due to the EU interventions marked the failure of democratic morals and decision-making capability in the House of Commons. Altercation of clause 9 was addressed in UK parliament since 2017 to amend relation with EU. The no-deal Brexit law was passed after the negotiations proposed by Theresa May were rejected on January 15th of the same year and the amended deal proposed on 12th march was rejected as well[51]. Theresa's third attempt was rejected as well. Ultimately she resigned from being one of the shortest reigning prime ministers in the history of the UK.
The bill was passed with a majority of votes and a large portion of the country applauded the law as well. The Brexit referendum was associated with a simple vote of action as it called for "remain or leave". The UK's electoral commission was tasked to choose the resultant victor of this campaign out of the two vessels that competed in the passage of this bill. After the vote, It was an easy choice for the commission to choose the majority. The majority of the members in the parliament favoured the option of “leave” and the law was passed asserting the failure of the other members to counter this bill. 51.9% of the votes in the House of Commons were in favour of leaving the EU[52]. It emphasised the temperament of countrymen that prevailed at the time the law was passed. This situation most certainly reflected the failure of democratic laws and governance in the country. Multiple instances of economic failures and issues with terrorism had evoked a sense of anxiety and prejudices in a large portion of the country which was effectively utilised by the conservative party of the country.
The Bill was primarily focused on revising the decision-making abilities of the parliament. Alongside the issues of immigration, trade relations and regulatory cooperation with other countries were considered as per the law. 295 trade regulation, 202 regulatory cooperation norms under the International Regulatory Cooperation (IRC) Strategy of UK government and other internal laws were considered to be addressed as per this law and progress is being made in that direction[53]. However certain issues continue to persist in terms of immigration and other laws.
The effect of post-Brexit was an important debatable area as it is believed that the economy of the UK started to decline after the country left the EU. The studies show that post-Brexit created a negative impact on trading and the economy of the UK. On the other hand, it is observed that after it the country started trading with non-EU countries more freely [54]. It created a greater scope for the country to establish a new market segment globally. Before Brexit, the UK benefitted from the EU trading deals with other world powers. It created new trading restrictions that affected the citizens of the UK. It also restricts the free movement of British citizens in EU countries. It reduces the real per capita income of the country and made a harmful effect on the economy.
The new laws of the UK greatly influenced the lifestyle of the citizens. It reduces the overall economic profit of the country. According to the pieces of literature, reduction in good trading from the UK to the EU reduces by 16% and trade by 20% from the EU to the UK. It created permanent damage to UK trading. It also affected the small business economies of the country. It also increases the global market competition that increases the prices of goods. The restriction, new rules, and regulations affected the business of the UK[55]. It restricts free trading or other relationship with European Union (EU). It also created an impact to get new business deals from the other powerful countries which are related to the EU.
On 15th August 2020, the UK launched a new “Developing Countries Trading Scheme” (DCTS) that provides “quota-free” and “duty-free” trade. The economy of the UK determines the overall future of the country. It decreases the export business by a huge rate approx 42%. The UK economy mostly depends on imports more than export business. Although no significant trading investment barriers exist in transferring capital profit[56]. The trading system of the UK is controlled by the “export control” to remove any disturbances. These actions are under the control of governmental legislation. Issues were noted in the ongoing economic conditions in UK which impacted both the micro and macro scale of the society. In the case of British Sugar cane PLC v Secretary of State of international trade (2022) raised an issue regarding the high tariff imposed on imported goods[57]. It noted on the socio-economic influence of the post-Brexit scenario. The UK governmental act created new rules and regulations for international trading that musty have to follow by UK business organizations. After Brexit, the country established new agreements with non-EU countries to expand its business market. The government of the UK sets its own laws related to Brexit which is known as the “Brexit Freedom Bill”. In this bill, the UK government retained all EU laws before the sunset on 31st December 2023. Along with that, it enables the country to create its own laws and regulation for future business development.
Brexit offers some benefits to the business of the UK, such as it reduced the vulnerability of international shocks, increasing the business of domestic suppliers, offering growth opportunities, and giving new space for small and medium companies. It helps the UK industries to increase their national business with new values[58]. All EU laws were replaced with their new own laws that offer growth and development of the country. However, studies revealed that Bretix has not created any impact on the Human Rights Act of 1998. It created an impact on services, science and education also.
The proper review of “deparliamentarization” would help in analysing the legislative proposals that were followed after Brexit. According to Cygan, (2020), the laws of the parliament were greatly affected after the UK established its new laws after the proposal of Brexit. The power of the speaker increased and domestic issues came up related to the accountability of the ministers[59]. The influence of the ministers prior to the meetings of the Council affected the overall transparency that is contained in the UK parliament. Special committees were created to scrutinize the proposals that were laid down after Brexit was announced. The presence of EU union affairs affected the functioning of the UK foreign affairs in the matter of maintaining the legitimate balance of power in the parliament. This has affected the active contribution that the parliamentarians have proposed in the constitutional agreements.
The post-Brexit would restrict access to the EU documents that were once accessible by the parliament of the UK. This has affected the process of scrutiny that was once very gradual in arrangements. This has forced enthusiasm in the inter-parliamentary cooperation that would have provided evidence for active engagement[60]. This has overall affected the process of scrutiny making the Parliament of the UK isolated from the process. This has also caused constitutional and legislative effects leaving the functioning of the UK in the statute book. According to Lynch, (2020), the interpretation of the rules of the parliament would help in accessing proper control and supremacy. This would prevent the parliament from any access to the legal powers after the removal from the EU trade affairs. Schedule 1 accepts the fact that continuous legislation from the court would not be possible after the post-Brexit.
The exit from the legislation of the EU would help the parliament of the UK to maintain the supremacy that it once had before the pre-Brexit. This would also challenge the Charter of Fundamental Rights that was retained from the EU legislation that would be greatly affected. The courts held that domestic laws would be affected more after the post-Brexit. This has retained the novel constitutional and legal conundrum evolving with more use of parliamentary rules and regulation. This has affected the sovereignty of the parliament in the evolvement of new laws and rules that would be most affected after the post-Brexit[61]. The departure from the EU law would affect judicial intervention and affect the overall judiciary changes that are substantive in nature. This has restricted the parliamentary scrutiny that has been affected for a long time period. The parliamentary rulings would be considered disputable as the law reaches a higher court.
The judicial intervention would create a level of consistency that would create conflict in the parliament. The proposal of judgment would create a dynamic shift in the relationship between the UK parliament and the executive[62]. This would overall affect the fundamental principle that remains accountable to the parliament. It would provide a great opportunity for the parliament to properly scrutinise and influence the power of the executive. As per the opinion of Miller, (2020), the proroguing of parliament would affect the normal functioning of the government and affect the constitutional role of the executive.
The Human Rights Act of 1998 in the UK, described equality, fairness, respect, and dignity are the right of every individual. It suggested the government of the UK, police, and local councils treat the every citizen same[63]. The pre-Brexit situation in the UK reflected that the business process of the UK followed the EU rules and regulations. Post-Brexit forced the parliament of the UK to introduce new regulations tailor-made for its citizens. The incorporation of Factortame, Costa v Enel influenced in 1964 the supremacy to establish the principles in EU law. It suggested solving the conflicts by using European laws in case of domestic application[64]. EU Commission created both direct and indirect impacts on the business process of the UK before Brexit.
Bretix created an impact on the trading business and economy of the UK. The UK got a better and greater amount of business offers before Brexit as then it was associated with the EU. However, post-Bretix created both positive and negative impacts on the economy of the UK. The declining relationship between EU countries results in the decline of business profit. Post-Brexit affects the business deal of the country with other higher-income countries that were set up through the influence of the EU. On the other hand, destruction from EU countries gives the opportunity to the UK to create better business relationships with non-EU countries. The new laws, rules, and judicial system influence the business economy of the UK. Different legislation acts to help small businesses along with big businesses to conduct international trading relationships without any difficulties. Post-Brexit restricted the free accessibility of UK citizens in EU countries. The government took different initiatives to regain the business flow of the country through different legislation acts.
The present study reflects that the legislation helps the small national business a great business opportunity to grow their business. UK’s withdrawal from the EU does not affect employment rights. However, the changing relationship between the UK and the EU affected the others country partially. The new laws and regulations allow the national business of the UK to expand their business independently. The economic status, rights of the citizens, border agreement, and dispute resolution are some important concerns of the Brexit deal. It gives a new direction to the business and trading followed by the import and export system of the UK to create its own market values to achieve a business goal in the future.
It can be concluded that the analysis of the research is about the role of Brexit in affecting the lives of the people of Britain. It is discussed here about the people of the UK and the parliamentary sovereignty of Britain. Britain was a member of the European Union, but the government of Britain withdrew from the EU, which resulted in Brexit. It was seen that the UK did not have any constitution before Brexit. Thus, they had to go through a harsh situation due to the unavailability of a separate constitution. As per the above research, the government of the UK had no separate constitution before Brexit. Thus, after withdrawing from the European Union the UK government prepared a separate constitution.
The UK had no written constitution and thus, after Brexit, the immediate measures taken by the government of Britain were related to the formation of a parliament and maintaining parliamentary sovereignty. The House of Commons failed to analyze the condition of the people and government of the UK due to Brexit. Thus, lack of knowledge led to the failure of the parliamentary rules of the UK. The development of parliamentary sovereignty was helpful for the common people of the UK as they got a chance to enjoy their rights over sovereignty. On the other hand, it led to depriving the Elite class to enjoy all sorts of powers and rights. As per the collected data on the basis of the secondary qualitative data collection method it is observed that Brexit affected every people in the UK. Along with that, it affected the parliament and led to the formation of the constitution in the UK.
The transitional phase from pre-Brexit to post-Brexit created an impact on the parliamentary sovereignty of the UK that affected society significantly. Soci-legal methodology for research influence to understand the impact of the changing legal actions in the society of the UK. It also provides in-depth knowledge about the improvised and new regulations that the parliament offered for the betterment of its country.
The parliamentary sovereignty of the UK states parliament is superior to the executive and judicial branches of the government. The parliamentary sovereignty of the UK had both positive and negative impacts. It had some limitations, as it was declared about incompatibility. Other limitations of this included the doctrine of implied repeal, the laws of the European Union and democracy. It was analyzed that the sovereignty of parliament was dependent upon the judges, thus they were made to wield absolute power. On the other hand, there were conflicts with the rules and acts. Hence, when the conflict develops between different acts during any judgment then the act, which developed earlier, got the priority. Thus, the development of parliamentary sovereignty of the UK faced diverse challenges
The UK was once a member of the European Union and it followed the same constitution as the EU. On 31st December 2020, the UK withdrew itself from the EU, which resulted in Brexit. There were some factors that resulted in the UK stepping back from, the EU. Sovereignty, immigration and anti-establishment policies were the reasons behind Brexit. Brexit resulted in the UK government losing the value of pounds[65]. It led to the development of trade barriers for the companies of the UK that considered Britain as the foundation of European business[66]. This affected the relationship of the UK with the EU, which led to the formation of a trade agreement between the predecessor of the European Union and European communities.
Brexit laid diverse effects on the government of the UK and the common people. It led to the formation of a new constitution and parliament. It led to the formation of sovereign parliament which was effective for the common people. It was found that the changes brought in the parliament helped the people to enjoy their rights as it led to the strengthening of the rights of the common people[67]. On the other hand, it found that these changes led to different impacts on the Elite class. They were deprived of the powers, which they earlier enjoyed. there was the development of populist ideologies, which were people-centric. Hence, it supported the rights and powers of common people. The government became concerned for the common people and took steps for the welfare of the commons. Hence, the changes that came to Britain due to Brexit were influential to the development of common people. Along with that, it was formed to protect the rights of the people of the UK. Hence, it could be analyzed that Brexit laid an impact n the life of common people but supported people to get justice on the basis of new laws and constitution developed after Brexit.
The courts of the UK play an effective role to protect the rights of the people. The acts and articles are formed to protect the rights of the people of the UK, along with that, they are concerned to protect the human rights and respect their rights. They play an effective role to give justice to the people of the UK[68]. They interpret and focus on the laws while judging any case related to human rights. The court and the judicial system are concerned about the appeals of the common and make decisions on the basis of public importance. The court of the UK acts as the final arbiter between the states and the people. Hence, t acts as the fundamental pillar of the constitution of the UK.
The judicial system of the UK enjoys full power over the interpretation of laws, determines the laws constitutionally and applies that to individual cases. The courts are concerned about the citizens of the UK and thus, judge the cases effectively[69]. It is analyzed that if any conflict arises while judging any case due to different acts then they consider the act which was earlier developed. These conflicts affect the citizens of the UK but the judgment on the basis of mentioned act helps citizens to get an unbiased judgment.
It is important for policymakers to consider global standards when it comes to the formulation of laws and regulations associated with immigration laws and other associated policies. Many people are getting rendered stateless and homeless due to the rampage of warring events that are going on in the world. Hence it has become exceedingly essential for the parliament of the UK to consider ethical norms are necessary to be considered while condign laws associated with the migrating population towards the country in search of shelter[70]. The population should, not be generalised based on the discriminatory factor as it would reflect poorly on the image of the country's governance.
Over time issue has arisen with multiple businesses when it comes to the establishment of trade relations in the country. Hence consideration of the trade laws is important in current times of economic recession. Effective trade relations would reinstate the value of British pounds and would help the SMEs in the country to conduct business properly with the associated countries[71]. Revision of trade laws is necessary as it would contribute to the f issues of the financial crisis and labour shortage in the business of the country.
The hospitality industry in the country had taken a significant hit due to the prevalence of the pandemic and the associated norms of Brexit. Brexit has affected the trade relations of the county with other nations associated with the EU consecutively it has affected the logistics and SCM of the businesses. These factors are to be addressed in the forthcoming amendments of laws in light of Brexit. Harmonious trade relations ought to strengthen the balance of power among the European nations and also would benefit the UK with a strengthened trade relation
Besides this factor it is important to address the mentality of separation that prevails among a large portion of countrymen. After the passage of Brexit, issues have arisen in the mentality and overall societal harmony in the UK. The report suggests that racism and associated violence has risen in the country by 15-25% in various region of the UK which puts this law in a negative light furthermore also it affects the livelihood of the people in the country[72]. Amendment to the Race relations law of 1976, part I is necessary to combat against racial violence are required to be imposed at the earliest to country these heinous incidents in London and associated regions.
It is recommended that there is a need to find new opportunities for both the exporters and importers. It would help in diversifying the risks and balancing the markets with the market policies of the UK. This would also help in calculating the annual flow of cash and further reviewing the financial status. Identification of complementary markets for developing the new supply chain module would help develop the supremacy that it once developed. The parliament of the UK needs to adopt the current market trends. They aim to provide relevant opportunities to the new suppliers. This would help in isolating the policies of the UK from the policies of the EU and developing more future opportunities for further growth.
The parliament of the UK has to improvise its laws after analyzing the effects of laws in society. As the business of the UK is greatly affected by these actions thus, it is important to offer laws that ensure business growth and development[73]. It is influenced by expanding the effectiveness of export and import followed by the efficient supply chain process. The government has to pay attention to removing the effect of Brexit from the UK's business. While making the new laws and regulations for the citizens, the parliament members have considered the economic and social states of the UK[74]. It might be affected by the UK's laws and might create an impact on the business and lifestyle of people.
The research is about the parliamentary sovereignty of the UK and it is stated the role of Brexit in affecting the parliamentary sovereignty of Britain. The complete research is done by adopting a secondary data collection method. This is done on the basis of the qualitative approach to data collection and all the data are analyzed with the help of thematic analysis. Despite the adoption of effective research methods and approaches, there are some lackings in the research. The research is done on the basis of the works of other researchers, hence, the researcher had to gain authority to access the data of the research work. Along with that, it is also found that the researcher has analyzed a few journals and works, which gave limited information regarding the research. This led to ignore many relevant data about the impact of Brexit. There is a lack of accuracy in the research as the data are collected from specific sources and methods. Along with that, there is a lack of agreement between the researcher and the sources of data. It is based on the data of different researchers, which led to bringing forth opinions and views from the perspectives of the author. Hence, the researcher failed to get the views of the person who was affected by this change. On the other hand, it has the chance of getting biased data. Thus, all these act as limitations, which is effective to the result of this research. The present research study failed to provide more attention to the other social issues that get affected by the Brexit and parliamentary laws of the UK. Secondary research methods helped to gather more data however they failed to observe and identify the perspectives of the citizens of the UK related to the research topic. Socio-legal research methods are unable to understand the cultural and economical context that might also be affected by Brexit in detail.
The study will help the future researcher in adding more information to the study. The secondary thematic analysis done with the adoption of various themes would help the future researcher to get more insights into the supremacy that was once followed by the UK parliament. The analysis of the effect of the post-Brexit would help the researcher to understand both the financial as well as political crises. The protection of industrial laws would help the researcher to analyses the appropriate parliamentary steps that are required to stabilize the situation. The detailed analysis would help future researchers to understand the laws that were affected due to post-Brexit. The conflict between the executive and other members of the parliament was resolved after the parliament took adequate steps to prevent the crisis.
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