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Question: Critically discuss the effect that entry into the European Union has had on the sovereignty of the UK Parliament
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| Submitted: Thu Jul 11 2002
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Question: Critically discuss the effect that entry into the European Union has had on the sovereignty of the UK Parliament Answer Guide: 1. The scope of Parliamentary Supremacy Fundamental aspect - British Constitution (Parliament - Sovereign law making body) Act of Parliament - supreme source of law - remains in force until repealed v Nobody can question its validity 2. UK's membership into EU Entry - put a rather different perspective to UK supremacy which is absolute n unconditional. ECA 1972 - expressed UK's obligations under Treaty of Rome 1957 - In force from 1 Jan 1973. v Result - relationship between EC law n Domestic law v S2 (4) ECA 1972 - Any Act of Parliament - present or future - subjected to provisions of S2 3. What has been the attitude of the courts? Attitudes of the ECJ - clear - decisions are binding on domestic courts (all 15 member states) v Validity of EC Law can be judged in the...
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