Modification of the doctrine of Parliamentary sovereignty in the context of the British Membership in the European Union

The flexible formula of the British constitution results in a relative openness to external influences. It is not entirely possible to reverse the effects of the ‘soft’ modification of the foundations of the UK system, which has often occurred in the sphere of practical implementation of the competencies of particular branches of governance. It is widely known that the membership of the UK in the EU structures resulted in a progressive limitation of Parliament's sovereignty. The reasons behind this are seen first and foremost in the process of the harmonisation of legislations and the inclusion of the territory of the UK into the jurisdiction of the EU institutions. Prima facie, therefore, the decision on withdrawal from the EU should result in a ‘renaissance’ of the doctrine of Westminster sovereignty, per A.V. Dicey. One purpose of this article is to explore the extent to which the modern United Kingdom constitution observes the doctrine of parliamentary sovereignty or at least some aspects of this complex principle. The author undertakes an extensive review of the constitutional and practical limitations of the doctrine of parliamentary sovereignty.