Assess the impact that Britain's union with Europe has had on the Doctrine of Parliamentary Sovereignty
Date Submitted: 02/28/2003 06:34:02
Category: / Law & Government / Law Issues
Length: 8 pages (2184 words)
Category: / Law & Government / Law Issues
Length: 8 pages (2184 words)
The United Kingdom became a member of the EC in 1972 when it enacted the European Communities Act (1972). This has has undermined English Domestic legislation and the Supremacy of the Doctrine of Parliamentary Sovereignty. In particular s.2(1) of the Act brings European law firmly within our domestic law and such law is to ' be enforced, allowed and followed accordingly'. s.2(4) of the Act required English Statute law ' to be construed accordingly'. This indeed contradicts …
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…that they would be far more circumspect in relation to primary legislation. Nevertheless, Factortame and other decisions we have cited have led judges, such as Hoffman J in Stoke-on-Trent CC v B &Q (1991), to conclude that our Treaty obligations to the European Union are, 'the supreme law of this country, taking precedence over Acts of Parliament'. Parliamentary Sovereignty may be sustained by our undoubted (though largely theoretical) right to withdraw from the European Union.
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