How would leaving the EU affect sovereignty?

Sovereignty is the main issue set to dominate the EU referendum campaign, but how much does the EU limit Britain's ability to make its own choices? How does EU membership constrict Britain’s ability to have decisions taken, policies set and laws made?
If the UK left the EU, parliament would have more power as it is a powerful institution within the UK, law can be passed without consultation with the EU and and sovereignty would increase.

If the UK left the EU, even though sovereignty will increase it may also spiral out of control. It would mean parliament would have complete power over the UK and pass and create any laws they want, without being stopped by the EU. Consequently, more mistakes can be made and the people may disagree with decisions creating lack of trust in politicians,

If the UK stayed in the EU, sovereignty will remain with the EU and there will be some control over what is passed by parliament. This gives opportunity to amend law if they are not suitable for the people of the country.

In conclusion, if the UK left the EU it could enable laws that benefit the UK as a country, instead of being dictated by what the EU want as it may be better suited to other countries within the EU. Therefore, the U.K. should leave the European Union and have ultimate power.

Where does sovereignty lie in the UK?

Parliamentary Sovereignty is regarded as the main principle of the British Constitution.

AV Dicey wrote that Parliament “has under the British Constitution, the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament”.

Within the UK there are many places where sovereignty lies. One of these is political parties.

Since the reductions in the power of the House of Lords in 1911 and 1949, the balance of power has shifted to the House of Commons. Combined with the dominance of political parties in elections. This has led to tight party control over MP’s and disciplined parliamentary groups that make the business of the House of Commons very predictable.

Another place in which sovereignty lies is with the public. At least once every five years the House of Commons is re-elected, and so at that point sovereignty really lies with the people. However, after the general election sovereignty returns to Parliament for the next five years.

As the UK is part of the European Union they also play a part in the sovereignty. When Britain signed the Treaty of Rome in 1973 it accepted that the status of European law is superior to British law. This has given British courts the power of judicial review over Acts of Parliament. Therefore courts can scrutinise Acts of Parliament, refer them to the European Court of Justice and even suspend those Acts. However, Parliament is free to withdraw Britain from the EU at any time, so technically sovereignty still lies with Parliament.

Finally, the last place sovereignty lies in the UK is with the executive. Practical reality dictates that the British Government is the majority party in the House of Commons. Strong party discipline makes this majority reliable and almost guarantees the Government victory in Commons votes – an ‘Elective Dictatorship’. Also backed by the Civil Service ‘machine’ it is easy to argue that sovereignty actually lies with the executive not Parliament. However, Prime Ministers who systematically repress the powers of party and parliament tend to meet their fate – Margaret Thatcher is a classic example of this.

What are the core primciples of the UK constitution?

The rules and regulations within which governments are allowed to operate are set out in constitutions. Most countries’ constitutions are ‘codified’, which means that they are largely made up of, or based around, a single written document incorporating key provisions. However, the UK does not have a codified constitution like this.
The UK does not have a single core constitutional document and is therefore sometimes referred to as not having a written constitution. However, the UK’s constitution is made up of some written documents, such as statute law, court judgments and European legislation, but has also developed from case law, common law, historical documents and custom. Therefore, it has more accurately been described as uncodified. Unwritten conventions deriving from understandings and customs are considered to be binding, despite not being  within statute or supported by law.
A historic feature of the UK constitution is the Royal Prerogative. These powers are formally exercised by the monarch acting alone, but in reality are exercised by government ministers. It gives the Crown many powers including the power to declare war, make treaties, deploy armed forces, appoint and dismiss ministers and dissolve parliament. In reality, the existence of the Royal Prerogative within the UK constitution means that the Government can exercise its powers without recourse to Parliament.
The most important principles of the UK constitution are those of parliamentary sovereignty and the rule of law. The former means that Parliament can make or unmake any law without being bound by, or binding, its predecessors or successors respectively.
Parliamentary sovereignty therefore means that Parliament is the supreme law-making body, although this is now challenged by the UK’s European Union membership, which gives European laws superiority over any conflicting domestic law. Also, over the years, the application of parliamentary sovereignty has been limited by the passing of certain laws by Parliament, such as the Human Rights Act 1998.
The rule of law incorporates fundamental principles to which the Government and the law have to conform. For example, this includes the principle that ‘no person is punishable in body or goods without a breach of the law’, meaning that individuals will not be punished unless they have committed a clear breach of the law.