The concept of freedom and sovereignty
The United Kingdom raised the concept of freedom and sovereignty by leaving the membership of the European Union, firstly come into existence at the time of Westminster in the year of 1992. The concept of bringing independence in United Kingdom to access in the legal, political, social and economic departments from European Union brings the energy of being self-reliant. In the year of 2016, it again raised and referendum took into consideration to exit the membership of European Union in writing and concrete decisions regarding this started taking place (GEE, et al., 2020).
The reform of Brexit, (Britain Exit) had taken by United Kingdom was passed in a referendum that put the idea of removing themselves from the European Union membership. On 24th December, 2020, the United Kingdom and European Union signed an agreement to made Brexit applicable that shall remove the involvement of EU in the tariffs and trade related decisions (McConalogue, 2020). The referendum passed by the majority of the British people to attain their freedom to take decisions and their sovereignty. The report shall enlighten the consequences took place in UK after this drastic step of Brexit (British Exit) from European Union. This report shall also help to analyse the real implications of Brexit in UK.
The people of the Britain passes the referendum to exit the European Union membership with the agreement between two of them. It makes the Parliament of the UK as supreme power to take every constitutional decision regarding the matters of Britain. The thought to bring the sovereignty of the parliament comes from the limelight of the (Costa v Enel, 1964) case. This case established that a national law passed by the parliament of a country could be set aside if it become against Community law set by the EU. This felt like the first pressure on the British government and people of the Britain and made them feel that they did not have supreme power over their own laws and country. The judgment on (Thoburn v Sunderland City Council, 2002) again established the superiority of EU laws over UK laws. In this case, the judgment follows the concept that the old European law provisions could not be altered by the provisions of the UK Parliamentary Act. The constitutionality of the Community Law had established in this case. These cases constitute the importance of getting parliament sovereignty and to end the European Union membership (Ringeisen-Biardeaud, 2016). In the year of 2011, the European Union Act 2011 was passed in which it was mentioned that the referendum shall be needed for freeing up the powers from EU. This Act gives the British government a chance to obtain the parliament sovereignty from EU. In the year of 2016, the Prime Minister of UK, Mr. David Cameron supported the act of sovereignty that lead to pass the referendum to exit the membership of European Union to give the supremacy to the constitutional provisions of the UK. The case of (R (Miller) v Secretary of State for Exiting the European Union, 2017) elaborates the need of UK government to establish their intention to leave the EU membership. It is mandatory for the UK government to win the majority and that referendum must be shown to European Union. This case results into the referendum passed by the majority of the people of Britain and lead to exit from EU membership (Riley & Ghilès, 2016). The UK government triggered the Article 50 of the Treaty signed with EU that simply mentions that any member can withdraw themselves from the membership of EU (parliament.uk, 2016). This made the UK to exit the membership and start work freely without the involvement of the EU supremacy powers (McConalogue, 2020).
Passing of the Brexit referendum
The Britain Exit from the European Union had become a shock for the EU. This breakthrough was the result of rigid and unbearable policies of the EU and the supremacy of them over the parliamentary laws of the Britain. The (Blackburn v Attorney General, 1971) case constitutes the supremacy of the parliament and had given the authority to the parliament to join the Economic Community and court cannot intervene the decision of the parliament. Whereas, when it comes to the consequences related to the decision of Brexit, it gives the authority to take the decision independently, but removes the powers UK had while having the EU membership. The impact of getting separate from EU are positive as well as negative in terms of applicability (Pettifor , 2016).
The UK government is now free to take decisions related to trade and commerce. The UK government can impose the taxes and tariffs on trade as per their policies. EU has the vast area of trading in UK and UK has so many trading sources connected with EU. The trade relations between EU and UK slows down as UK impose the taxes for trade boundaries. The UK still has an agreement with EU that implies the zero tariffs and zero quotas on the trading goods between them. Persons who travelled between EU and UK for business purposes has to fulfill additional formalities and has to apply for local subsidiary. The trade market got thrashed from this Brexit as many companies has shifted to EU boundaries to regulate their business as per their regulations. The Brexit creates hurdles in cross border trading and made it complex for the traders (ec.europa.eu, 2021). The other members of the EU had also reduced the trading relations with UK. However, the time of being sovereign by the UK has not passed much and the long term consequences could only be assumed.
UK had reduced the trade costs by removing the authority of EU in trading. The unilateral trading also increases the self-reliance of UK that remains the income of the trading within the country itself. The consumers get the services and goods in low prices due to the low trade tariffs imposed on home companies. In the case of Norway, who is also having free trade relations with EU could be taken as an model to assume the trade benefits that UK get after Brexit (Dhingra, et al., 2016). The UK and EU are enjoying the free trade relations as of now and shall reduce trade costing as a consequence of Brexit.
UK still has the opportunity to grow its economy through the route of The European Free Trade Association (EFTA) and European Economic Area (EEA). End of the membership of UK in EU does not dissolve the participation of EFTA and EEA. Hence, the economy of UK can build and touch the heights of growth through trading with European enterprises. UK shall has it own structures, rules and policies regarding different economic sector including agriculture, service sector and business sector (Chang, 2018).
The importance of parliament sovereignty
Post Brexit scenarios mostly affect the working sections of the country. The job rate reduces after Brexit applies as the EU organizations were occupying the largest portion of market in UK. Shift in the companies of EU affect the employment sector of the UK (Mckinsey & Company, 2017).
UK has also adopted the rules of WTO without having a separate deal with EU. The economic decisions that the UK decides shall follow the regulations of WTO and shall be subjected to the “most favored nation” principle.
The process of exit cost an average amount of $7.1 billion in the consecutive years of 2013, 2014 and 2015. This amount misbalances the economic system of UK. The growth rate also decreased from 2.4% (2015) to 1.6% (2019) due to the frequent changes took place in UK after Brexit (ons.gov.uk, 2021). The economy of UK faced positive as well as negative impacts through the implementation of Brexit in UK.
Conclusion
Brexit is having both positive and negative impact on UK. From the above mentioned case laws it can be concluded that the British people voted in favor of Brexit because they had realized the dependency of the parliament on EU laws and the superiority of EU regulations. The report also concluded that the consequences of Brexit degrades the growth rate of the economy. With the sovereignty of parliament, the government introduces the free trade services to the traders but also decreases the job expectations of the youngsters of Britain. With the free environment of working, government of UK is also bearing the burden of barriers created for cross border traders. The overall conclusion of the report could establish that UK is facing problems in post-Brexit scenario but as per future aspect the UK economy can grow freely and widely through this Brexit step and shall trade freely like Norway.
References
Blackburn v Attorney General (1971) 2 All ER 1380.
Chang, W., 2018. Brexit and its economic consequences. The World Economy, 41(9), pp. 2349-2373.
Costa v Enel (1964) ECR 585.
Dhingra, S., Ottaviano , G., Sampson , T. & Reenen , J., 2016. The consequences of Brexit for UK trade and living standards. [Online]
Available at: https://eprints.lse.ac.uk/66144/1/__lse.ac.uk_storage_LIBRARY_Secondary_libfile_shared_repository_Content_LSE%20BrexitVote%20blog_brexit02.pdf
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ec.europa.eu, 2021. Consequences of Brexit. [Online]
Available at: https://ec.europa.eu/info/strategy/relations-non-eu-countries/relations-united-kingdom/new-normal/consequences-brexit_en
[Accessed 2022].
GEE, G., RUBINI, L. & TRYBUS, M., 2020. Leaving the EU? The Legal Impact of ‘Brexit’ On the United Kingdom. Journal European Public Law.
McConalogue, J., 2020. The Impact of EU Membership on UK Government and Parliament’s Sovereignty. s.l.:The British Constitution Resettled.
Mckinsey & Company, 2017. JOBS LOST, JOBS GAINED: WORKFORCE TRANSITIONS IN A TIME OF AUTOMATION, San Francisco: Mckinsey Global Institute.
ons.gov.uk, 2021. Gross Domestic Product: q-on-q4 growth rate CVM SA %. [Online]
Available at: https://www.ons.gov.uk/economy/grossdomesticproductgdp/timeseries/ihyr/pn2
[Accessed 2022].
parliament.uk, 2016. Chapter 2: Triggering Article 50. [Online]
Available at: https://publications.parliament.uk/pa/ld201617/ldselect/ldconst/44/4404.htm#_idTextAnchor008
[Accessed 2022].
Pettifor , A., 2016. Brexit and its Consequences. Globalizations, pp. 1-6.
R (Miller) v Secretary of State for Exiting the European Union (2017) EWHC 2768 (Admin).
Riley, A. & Ghilès, F., 2016. BREXIT: Causes and Consequences. Notes Internacionals CIDOB, p. 159.
Ringeisen-Biardeaud, J., 2016. “Let’s take back control”: Brexit and the Debate on Sovereignty. French Journal of British Studies , XXII(2).
Thoburn v Sunderland City Council (2002) EWHC 195 (Admin).
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