Dissertation on brexit - help!Watch
that's exactly what i'm struggling it. i know i have to focus on the impact on sovereignty but i just don't know how to get on with it
Constitutional impact will clearly be that the EU will no longer have supremacy. A lot of law-making powers will be returned. As we no longer have to meet the Copenhagen Criteria, we no longer have to enforce ECHR. A lot of the instruments we put in place to shackle our future legislative practices will be removed. Powers are taken away from the EU.
For the UK, Parliament will be able to legislate against the EU (perhaps argue it always could); Parliament will be able to legislate against the ECHR (again, it could; more freely than it could EU as HRA directly provides for it under s19(1)(b)). Then the executive will be given broad powers to amend and establish legislation by filling the void left by the EU: notably extensive Henry VIII-clause powers, but these have existed extensively under Constitutional and Regulatory Reform Act 2006. Lastly, the judiciary will have the freedom to develop the common law without "oversight" of CJEU and wholly in line with UK principles. This might seem to be conflated with point 1, as the judiciary will merely be bringing into effect the new broader "powers" of Parliament, but the judiciary has disagreed continually with the CJEU in relation to EU legislation. The judicial spirit is therefore truly separate to the new legislative powers. Powers are given to the UK.