the uk is a state or a country.
the uk is a state or a country.
is the uk a state or a country?
country
third, the uk became a member of the european union after the european communities act 1972 and through its ratification of the maastricht treaty in 1992. the idea of a union had long been envisaged by european leaders, including winston churchill, who in 1946 had called for a "united states of europe" with the uk "at the centre". eu law has always been held to prevail in any conflict between member state laws for the limited fields in which it operates, but member states and citizens gain control over the scope of eu law, and so extend their sovereignty in international affairs, through joint representation in the european parliament, council of ministers, and the commission. this means that, as the uk is a member of the club, it voluntarily agrees to play by the club's rules. this principle was tested in "r (factortame ltd) v ss for transport", where a fishing business claimed that it should not be required to have 75% of british shareholders, as the merchant shipping act 1988 said. under eu law, the principle of freedom of establishment states that nationals of any member state can freely incorporate and run a business across the eu without unjustified interference. the house of lords held that, because the eu law conflicted with the sections of the 1988 act, those sections would not be enforced, and disapplied, because parliament had not clearly expressed an intention to renounce the european communities act 1972. according to lord bridge "whatever limitation of its sovereignty parliament accepted when it enacted the european communities act 1972 was entirely voluntary". it is, therefore, the courts' duty, until parliament expresses a clear will to leave the eu on certain terms, to apply eu law. on the other hand, in "r (hs2 action alliance limited) v secretary of state for transport" the supreme court held that certain fundamental principles of uk constitutional law would not be interpreted by the courts as having been given up by membership of the eu, or probably any international organisation. here a group protesting against the high speed 2 rail line from london to manchester and leeds claimed that the government had not properly followed an environmental impact assessment directive by whipping a vote in parliament to approve the plan. they argued the directive required open and free consultation, which was not fulfilled if a party whip compelled party members to vote. the supreme court unanimously held the directive did not require that no party whip occurred, but if a conflict had existed a directive would not be able to compromise the fundamental constitutional principle from the bill of rights that parliament is free to organise its affairs. fourth, devolution in the united kingdom has meant parliament gave power to legislate on specific topics to nations and regions: the scotland act 1998 created the scottish parliament, the government of wales act 1998 created the welsh assembly, the northern ireland act 1998 created a northern ireland executive following the historic good friday agreement, to bring peace. in addition, the local government act 1972 and the greater london authority act 1999 give more limited powers to local and london governments. practically, but also constitutionally, it has become increasingly accepted that decisions should not be taken for the uk which would override, and run counter to the will of regional governments. however, in "miller v secretary of state for exiting the eu", a group of people who sought to remain in the european union brought the government on whether the prime minister could trigger article 50 to notify the european commission of the uk's intention to leave, without an act of parliament. this followed the brexit poll of 2016 where, on a 77% turnout (23% not voting) 51.9% of people voted to leave, while 48.1% of people voted to remain, including large majorities to remain in scotland, northern ireland and london, and across the country particularly among young people. the claimants argued that, because "brexit" would obliterate rights that parliament had conferred through acts (such as the right free movement of uk citizens in the eu, the right to fair competition through merger control, or to vote in eu institutions) only parliament could consent to notifying the intention to negotiate to leave under article 50. they also argued the sewel convention for devolved assemblies, where the assembly passes a motion that the westminster parliament can legislate on a devolved matter before it does so, meant the uk could not negotiate to leave without the scottish or northern ireland legislatures' consent. the uk supreme court held parliament must pass an act, and could not begin the process of leaving purely through royal prerogative. however, the sewel convention could not be enforced by courts, rather than observed. this led prime minister theresa may to procure the european union (notification of withdrawal) act 2017, giving her power to notify to leave the eu. it remains unclear that the united kingdom, or parliament's sovereignty, will survive if eu membership is eventually given up.
united kingdom constitutional law
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duggie fields