To what extent is the UK Government still a sovereign power?
Monarchy and government have historically wielded absolute sovereignty in the UK, with criminal and civil law, trade and industry, and taxation all within their purview. Yet in the last century several factors have eroded UK sovereignty: the emergence of Europe as a community; the growing power of the USA; devolution, and, more generally, the increasing influence of international law, treaties and the UN. So, where is the UK's sovereignty? Sovereignty is defined as: "Top authority: supreme authority, especially over a state. Independence: freedom from outside interference and the right to self-government. Independent state: a politically separate state" The European Union (EU) is the largest threat to the UK's sovereignty. The UK government is no longer the supreme authority since the European Communities Act (1972), in force from 1973, and the Single European Act (1986), in force from July 1987, when Parliament voluntarily handed over much of its legal powers to the EU. The 1972 Act clearly says: "All such rights, powers, liabilities, obligations and restrictions created or arising by or under the Treaties as in accordance with the Treaties are without further enactment to be given legal effect or used in the United King
Council Directive 93/104 requires all member states to limit working hours to 48 hours a week; in 1985 Taco graphs were made compulsory for all PSV and heavy haulage vehicles. This led to Marshall v Southampton HA (1986 + 1993) which forced the UK to bring its sex discrimination laws into line with Europe. The UK was in fact one of the earliest signatories of the Convention. The government recognised this violation, and entered a formal derogation declaring its intention not to observe the Convention on this point in view of the "national emergency". Council Directive 76/207/EEC provided equal treatment for men and women. In the European Community's early years, the Commission proposed, Parliament advised, the Council of Ministers decided and the European Court interpreted Community legislation. In 2000, Westminster suspended Stormont (the Northern Irish Assembly) when the peace process fell apart, by passing the Northern Ireland Act (2000). The Council is the ultimate policy making body within the EU, although most of its decisions are taken from proposals made by the European Commission. The Commission supervises the day-to-day administration of the Community, acts to enforce European law by taking action against Member States in the Court of Justice if necessary, and presents legislative proposals for the consideration of the Council and of the Parliament. Moreover, if the UK Parliament attempts to legislate for matters that have been devolved, despite the theoretical right to do so, there could be real popular resentment. The Convention is an international treaty and the UK has an obligation to take appropriate action if somebody feels his or her rights are being violated. On the other hand, the UK has no codified Bill of Rights, and Parliamentary sovereignty is preserved by reserving to Parliament the legal power to legislate contrary to Convention rights if it thinks it appropriate. But Parliament and Court have gradually become more powerful. In Whaley v Lord Watson of Invergowrie, considering whether the Court of Session (Scotland's supreme civil court) had jurisdiction to grant an interdict against an MSP to prevent a Bill be introduced, Lord Cooper said: ".
Common topics in this essay:
Council Directive,
United Kingdom,
UK Parliament,
,
Home Secretary's,
European Act,
Human Rights,
Scottish Parliament,
Northern Ireland,
Security Act,
northern ireland,
scottish parliament,
council directive,
united kingdom,
parliamentary sovereignty,
act 1998,
northern ireland act,
secondary legislation,
ireland act,
community law,
european court,
power pass primary,
ireland act 2000,
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Acceptance Essays
