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Originally Posted by jonbxx View Post
I do not believe what I said is rubbish so please don't suggest that I know it is. [SEPH]: I call it as I see it. In other words I credit you with some intelligence; if you really thought you weren't spouting rubbish then I take that back.
The UK delegates some responsibilities to the EU as per the treaties that successive governments that we elected signed up to. The EU parliament votes for new EU laws alongside the EU Council which votes sometimes on qualified majority voting and sometimes requiring unanimity. However, the EU can only create new laws on the principle of subsidiarity, hence my asking for examples of the EU parliament overruling the UK on this principle. [SEPH]: What you have said is highly specious and not addressing my assertion at all. I'm talking about the march to federalisation when the EU Parliament would trump national parliaments. I made that quite clear and veering off as you've done is irrelevant.
Even the UK government says that parliament has always been sovereign - https://assets.publishing.service.go...the_EU_Web.pdf
On the subject of federalisation, a certain David Cameron got us an opt out anyway - see section C.1 - https://eur-lex.europa.eu/legal-cont...01.0001.01.ENG
With regard to your link to the guvmin's paper, the relevant text actually says:
Parliamentary sovereignty
2.1 The sovereignty of Parliament is a fundamental principle of the UK constitution. Whilst Parliament has remained sovereign throughout our membership of the EU, it has not always felt like that. The extent of EU activity relevant to the UK can be demonstrated by the fact that 1,056 EU-related documents were deposited for parliamentary scrutiny in 2016. These include proposals for EU Directives, Regulations, Decisions and Recommendations, as well as Commission delegated acts, and other documents such as Commission Communications, Reports and Opinions submitted to the Council, Court of Auditors Reports and more.
2.2 Leaving the EU will mean that our laws will be made in London, Edinburgh, Cardiff and Belfast, and will be based on the specific interests and values of the UK. In chapter 1 we set out how the Great Repeal Bill will ensure that our legislatures and courts will be the final decision makers in our country.
2.2 is the main point. The CJEU can direct us currently if we don't implement EU directives.
In any case, and this is key, "parliamentary sovereignty" is an inward looking definition because it refers only to the UK Parliament being the supreme lawmaker whose laws cannot be overruled by the Courts. It is wholly sovereign only to the extend that it can end any law, including EU law in which case, while we are a member, can be overruled by the CJEU.
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You do make a good point that under sovereignty, it is the legislative part only which is under parliament, not the judicial.
We did however sign up to treaties allowing EU law to be incorporated in to UK law under the TFEU (currently the Lisbon treaty) Those laws are voted on by the democratically elected bodies of the Parliament and the Council so to say the EU is undemocratic is not really true.
Now you could say that we don't win on many issues at the Parliament or Council level but the numbers don't reflect this -
https://fullfact.org/europe/eu-facts...-uk-influence/ Even if we do lose a number of votes, does this not make the EU 'too democratic' rather than undemocratic?