Parliamentary Sovereignty in the UK Essay by Deadlock

Parliamentary Sovereignty in the UK
A discussion on whether the United Kingdom's membership of the European Union destroyed the legal convention of Parliamentary Supremacy.
# 53299 | 1,450 words | 18 sources | MLA | 2003 | GB
Published on Oct 17, 2004 in Political Science (Non-U.S.) , Law (Constitution) , Law (Administrative)


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Description:

This paper assesses whether the traditionalist views held by Dicey, Blackstone and Jennings et al, still hold weight in contemporary Britain following enactment of the European Communities Act and the Factortame Merchant Shipping Case. It describes the traditionalist conventions, such as the enrolled bill rule, Heuston's manner and form thesis and implied repeal. It then looks at the UK court's attitude to the development of the common law in relation to these principles according to the primacy of European legislation and asks whether the British constition has been indirectly amended as a result.

From the Paper:

"However, a further challenge to the traditional view has come from the UK's membership of the European Union. The European Communities Act incorporates EC law into the UK legal system providing the mechanism by which EC law is incorporated, gives powers to government to implement EC law, provides that UK courts should interpret all legislation to avoid conflict and that they should determine disputes in accordance with the principles laid down by the European Court of Justice. It is the final point that has the strongest implications, in that the ECJ has decided in Internationale Handelsgesellschaft that EC law takes priority over incompatible national law. The principle was to be upheld in the Factortame case , where the House of Lords disapplied the Merchant Shipping Act when granting interim relief to Spanish fishermen in breach of UK law."

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APA Format

Parliamentary Sovereignty in the UK (2004, October 17) Retrieved September 28, 2022, from https://www.academon.com/essay/parliamentary-sovereignty-in-the-uk-53299/

MLA Format

"Parliamentary Sovereignty in the UK" 17 October 2004. Web. 28 September. 2022. <https://www.academon.com/essay/parliamentary-sovereignty-in-the-uk-53299/>

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