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Assess the contention that the ECJ's judgments in Van Gend [fn1] and Costa [fn2] amounted to a naked usurpation of the treaty making function under the thin guise of interpretation.
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In this essay we are going to assess the contention that the ECJ's judgments in Van Gend [fn1] and Costa [fn2] amounted to a naked usurpation of the treaty making function under the thin guise of interpretation. Before we delve into the critical analysis of the above contention, it should be noted that if something were naked, obvious or unhidden. It would be some what contrary to call it guised or facade. In order to critically analyse the contention we shall have to break it down, to what it is asking. Thus: 'were the judgments in Van Gend [fn1] and Costa [fn2] usurpation by the courts? If so was this done under the thin guise of interpretation?' In order to know whether or not the court has usurped, we shall have to establish the courts position with regards to the treaty of Rome (here after referred to as the Treaty or TU). Following...
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