Eu legislation supersedes a member countries laws and their regulations are binding so the uk cannot enforce legislation that breaches EU legislation
You are talking tripe. Go and rewrite your essay - you actually are pretty clueless on everything
I know how legislation works - I hardly need a lesson from someone who thinks Eu legislation is not binding
Christ
Cognitive dissonance at its finest.
I didn’t say EU law and legislation was not legally binding. You’ve moved the goal posts. The debate isn’t whether or not the EU’s laws are binding, the question is can the UK make it’s own laws that contradict the EU’s. The answer to that is yes, it can.
You made a false claim that the UK can’t pass laws that contradict EU laws. This isn’t true and I used the example of Hungary who have passed legislation that violates human rights and contradict the core values of the EU. The EU could not stop the Hungarian Government passing that legislation.
The core of the UK’s constitution is the doctrine of parliamentary sovereignty. An Act of Parliament supersedes the executive and judiciary. Look at how MPs are looking to hijack the Brexit process from the Government (exec). The relationship between the EU and the UK is that Parliament subcontracts it’s sovereignty to the EU. Parliament ratified EU treaties and so on and has the power to repeal those treaties. The UK didn’t join the ERM, schengen area nor the eurozone.
Since the EU has no mechanism to physically block or repeal a member states’ legislation, EU law is only supreme in theory. In practice, however, the EU cannot stop a National Parliament from passing legislation that contradicts its core values. Again, Hungary has already done this. The UK Parliament could pass numerous laws that violate EU law, and all the EU could do is sanction us. Evidently, this would be incompatible with EU membership, and so we’d probably be expelled from the EU in this circumstance. But, the question here is this: is Parliamentary sovereignty in tact? Yes, it is because the EU, as of 2019, does not have a mechanism to overrule a national parliaments’ legislation.
Here’s another example related to the UK:
The Representation of the People Act 1983 prohibits prisoners from voting. This was bought to the European Court of Human Rights in 2001, in 2005, they ruled that this violates the European Convention on Human Rights as it departs from the universal suffrage (in the EU’s eyes). What happened? The UK more or less ignored it and this
Act of Parliament remains active to this date despite it contradicting EU convention.