Section 38: Parliamentary sovereignty
- Section 38 addresses the relationship between the constitutional principle of Parliamentary sovereignty and the law made applicable by the separation agreements as it would apply in the UK after exit day by virtue of the Withdrawal Agreement, EEA EFTA Separation Agreement and Swiss Citizens’ Rights Agreement. The section recognises that the application of this law through the Withdrawal Agreement Act does not constitute a derogation from the principle of Parliamentary sovereignty.
- Subsection (1) recognises that, as a matter of common law, the Parliament of the United Kingdom is sovereign.
- As above, sections 1, 5, 6, and 26 provide for the direct application of the separation agreements in domestic law. Subsection (2) recognises that the principle of Parliamentary sovereignty subsists despite the effect of these sections.
- Subsection (3) recognises that, accordingly, nothing in the Withdrawal Agreement Act derogates from the fundamental principle of Parliamentary sovereignty. This proposition flows from the observations established in subsections (1) and (2).
- As such, the section acknowledges the pre-existing legal position as regards Parliamentary sovereignty.
