Has the UK’s membership of the European Union led to a ‘constitutional revolution’, causing the abandonment of parliamentary sovereignty? If so, when did this constitutional revolution take place?

The Factortame cases marked a constitutional revolution: the Parliament of 1972 had achieved the impossible by binding the 1988 Parliament, threatening the very existence of parliamentary sovereignty and forcing constitutional theorists to adapt their approach to legislative supremacy of Parliament. However, in spite of these changes instigated by the UK’s membership of the EU, it is far from the case that parliamentary sovereignty has been abandoned. Developments in both statute and case law have retained parliamentary sovereignty’s status as a defining and principal aspect of the UK constitution, providing the Parliament of the day with a degree of legislative supremacy whose area of inviolability remains so great as to justify the label ‘sovereign’.

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Answered by Robert H. Law tutor

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