Who exactly will ‘take back control’? Parliament vs executive after Brexit and the ‘Great Repeal Bill’

A key issue in the Brexit referendum campaign during 2016 was the case for British democracy: that rules applying to the UK should be adopted by the UK parliament (or, as the case may be, devolved bodies and local governments. But since the referendum result, it’s striking that many on the Leave side seem reluctant to give Parliament much of a role in practice. Having made a strong case for Parliament to make decisions affecting the British people, they suddenly find this argument less compelling when contemplating that Parliament might make decisions that they may not agree with.

While a lot of debate has focussed on whether Parliament should have a role in triggering Article 50 (the clause on the process of UK withdrawal from the EU), that’s actually one of four related issues:

+ Who should trigger Article 50?
+ Who should determine the form of Brexit?
+ How accountable should the Brexit negotiations be?
+ And who should control what happens after Brexit?

The author discusses each of these issues in turn, including a broader analysis of the ‘Great Repeal Bill’ announced by the UK government on the 2 October 2016 as part of the fourth point.

ESO: Background information: Government announces end of European Communities Act http://www.europeansources.info/record/government-announces-end-of-european-communities-act/

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

European Parliament: European Parliamentary Research Service: Briefing, 2016: Article 50 TEU: Withdrawal of a Member State from the EU http://www.europeansources.info/record/article-50-teu-withdrawal-of-a-member-state-from-the-eu/

ESO: Background information: What next after the UK vote to leave the EU? http://www.europeansources.info/record/what-next-after-the-uk-vote-to-leave-the-eu/

The Conversation, 03.10.16: May’s Hard Brexit means taking back control – from Britain’s elected parliament https://theconversation.com/mays-hard-brexit-means-taking-back-control-from-britains-elected-parliament-66441

The Conversation, 03.10.16: The great repeal bill: why you should keep an eye on the legal side of Brexit https://theconversation.com/the-great-repeal-bill-why-you-should-keep-an-eye-on-the-legal-side-of-brexit-66419

ESO: Background information: The invoking of Article 50 http://www.europeansources.info/record/the-invoking-of-article-50/

Blog: LSE Brexit, 21.10.16: The Great ‘Repeal’ Act will leave Parliament sidelined and disempowered http://blogs.lse.ac.uk/brexit/2016/10/21/the-great-repeal-act-will-leave-parliament-sidelined-and-disempowered/

Blog: EuroppBlog, 24.10.16: British sovereignty post-Brexit: Why the Great ‘Repeal’ Act will actually weaken Parliament http://bit.ly/2eDtmBE

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