By Matthew Burton
In a recent post on this blog, Chris Kirkland highlights the problematic nature of the concept of sovereignty in relation to the Brexit debate and the forthcoming referendum on the UK’s membership of the European Union. On the one hand, Brexit campaigners argue that the UK has already lost its sovereignty to the European Union. A legally precise argument in this vein would point to the EU doctrines of supremacy and direct effect, which allow nationals of Member States of the EU to enforce EU law within the courts of the Member States, and requires EU law to take priority whenever it conflicts with a principle of domestic law. On the other hand, as the referendum demonstrates, the Westminster Parliament is free to legislate to withdraw from the EU whenever it wishes, and from a legal perspective at least, could do so without the need for any kind of referendum or national vote.