Chapter 5 Guidance on answering the exam questions

Select three key provisions of the European Union (Withdrawal) Act 2018 and critically evaluate their legal effect and impact.

This question requires you to explain and analyse key statutory provisions and also to consider their significance and impact. You could choose, for example:

  • The express repeal of the European Communities Act 1972 on exit day in section 1. You could consider here the impact of the ECA 1972 on parliamentary sovereignty and the effect of its repeal on the status of EU law in the UK.
  • The creation of retained EU law in sections 2-4. Explain how EU law was converted into UK domestic law and why this was needed. Consider related issues such as interpreting and changing retained EU law and any areas of difficulty or complexity arising from them.
  • The requirement in section 13 for Parliament’s approval of any withdrawal agreement reached by the government with the EU, and the problems that arose from this in practice.

Other provisions that could be discussed are the powers given to ministers to make secondary legislation to allow corrections to be made to laws once the UK had left the EU, and issues arising from Henry VIII powers and wide executive powers to make secondary legislation. Or you could discuss amendments made by the EU (Withdrawal Agreement) Act 2020 in the light of the withdrawal agreement and the need to implement the transition period. Support your arguments with critical academic commentary.

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