Introduction to constitutional effect of Brexit
The Vote Leave campaign invited the public to ‘take control’ by voting to withdraw from the European Union. Brexiteers were offended by the power of EU institutions to pass laws which could overrule those made in the UK and argued that a vote to leave would make parliament sovereign once again. The formal process of withdrawing from the EU will be triggered, of course, through the mechanism contained in article 50 of the Treaty on the Functioning of the European Union (TFEU). Article 50(1) provides that: ‘Any member state may decide to withdraw from the union in accordance with its own constitutional requirements.’ There is a general consensus that the UK’s constitutional requirements mean that the actual triggering of article 50 will be carried out by the government using the treaty-making prerogative of the Crown.
A more controversial question is whether the UK’s constitutional requirements demand parliamentary approval for the government to trigger article 50.Furthermore, following R v Secretary of State for the Home Department ex parte Fire Brigades Union1, the prerogative cannot be used to frustrate the will of parliament as expressed in primary legislation. Thus, triggering article 50, which would in effect nullify the European Communities Act 1972, must as a matter of constitutional necessity require a vote in parliament and, in all likelihood, primary legislation.
Even with the triggering of article 50 still a distant prospect, Northern Ireland and Scotland have gained greater status from their threats of independence. Our new prime minister’s first visit was to Scotland’s first minister, Nicola Sturgeon. Theresa May has been forced to concede that she will not trigger article 50 until the devolved executives agree to a ‘UK approach’ for EU negotiations. If no satisfactory deal is done, the UK looks likely to disunite, leaving parliament sovereign over England and Wales alone.
Once Brexit negotiations begin, power will be in the hands of the EU institutions that enjoy final approval of any agreement, while the UK nervously watches the clock count down to the two year deadline, at which point the country will be unceremoniously thrown out of the EU if no deal has been made, and relegated to deeply unfavourable World Trade Organisation terms.
OBJECTIVE OF STUDY
The specific objectives or the interrelated objectives of the study are as follows:
- To study the immediate consequences of a vote to leave the EU?
- To study as to how would the process of withdrawal affect Whitehall and Westminster
- How would Whitehall and Westminster change in the long term after withdrawal .
SCOPE OF STUDY
This projects concerns the aftereffects and consequences after Britain exits from EU. It covers all prospects describing the challenges faced by Britain from microscopic to global level
METHODOLOGY OF STUDY
This project work has been carried out following the descriptive analytical approach. The knowledge has been excavated from many internet sites and a rigourous effort has been made combining all the views and deep elucidation and analysis of facts.
SOURCES OF DATA
The sources from which the data is collected is secondary. The information is collected from various online sources and political textbooks.
Submitted By – Shashank Suresh
(Student @ HNLU, Raipur)