The Problem Question:
Withdrawal from the EU is a highly significant constitutional development, the legal repercussions of which will be felt for a very long time to come. Against this background, a newly elected government would like to update the Cabinet Manual and insert a chapter about Parliamentary Sovereignty and challenges to the principle. It is particularly interested in the legal implications of membership within and departure from the EU on the principle of parliamentary sovereignty as well as Scotland’s claims for constitutional recognition.
To assist with the drafting of the chapter on Parliamentary Sovereignty and challenges to it, the government would like you to produce an analytical report focusing on two main questions:
1) Was membership of the European Union incompatible with parliamentary sovereignty? Analyse the relevant case law and legislation. (1000 words)
2) Has Parliamentary Sovereignty been regained after leaving the EU?
Consider the principle of Parliamentary Sovereignty and potentially restraining influences contained in a) the European Union (Withdrawal) Act 2018 and b) constraints posed by the Scotland Acts. (1000 words)
Please follow the guideline in the attached document ‘PQ Note’.
Also, it is a problem question, therefore, follow the IRAC Method Was membership of the European Union incompatible with parliamentary sovereignty? Analyse the relevant case law and legislation. in answering the Question. First, consider the Issue of the problem question, and then analyse the legal rule, set out its application and reach a conclusion based on this.
