How would leaving the EU affect sovereignty, and therefore the UK's constitution?

The term sovereignty can be defined in three ways- legally, popularly and politically. Legal sovereignty is the power to make and unmake binding laws, to grant ultimate powers to individuals or other bodies and to determine the nature of the constitution. Currently there is an ongoing debate as to whether the UK should leave or maintain our position in the EU. The current conservative government have proposed a referendum set on the date the 23rd of June 2016, the prime minister has expressed his preference of a 'no' vote. 


Our sovereignty would certainly increase when it comes to political sovereignty, power would be firmly placed within the hands of government and this could be taken either as a positive or a negative, it may lead to a elected dictatorship which could then infringe on peoples rights due to the Human Rights Act no longer being in place. However the government of the day have argued that they will put in place the British Bill of Rights to ensure the people are protected. This could effect our constitution because there is an argument that it would be better to have our rights tailored to our country, however some rights included in the European Convention of Human Rights may be abolished and our rights and liberties will no longer be the same.


Moreover leaving the EU will affect legal sovereignty, some legal sovereignty will be regained. Due to the UK being apart of the EU and some legal sovereignty has been transferred and is commonly known as pooled sovereignty. This would effect the constitution because the government has no higher form to answer to. With our current position in the EU, which at the moment is still as part of it, our constitution revolves arguably quite heavily around the EU and EU laws, which are superior to UK law and must be implemented by British courts. Parliament cannot pass any law that contradicts or conflicts with EU law, and where an interpretation of EU law is needed, it must be referred to the European Court of Justice, as established by Lord Bingham.

In conclusion leaving the EU will cause constitutional change and sovereignty in multiple ways, it is a controversial topic and the outcome will be extremely interesting.