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Evaluate the thesis (as per Wade) that the Factortame case represents a technical legal revolution. provide alternative views as part of your evaluation.
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EVALUATE THE THESIS (AS PER WADE) THAT THE FACTORTAME CASE REPRESENTS A TECHNICAL LEGAL REVOLUTION. PROVIDE ALTERNATIVE VIEWS AS PART OF YOUR EVALUATION. The traditional interpretation of parliamentary legislative supremacy is that of Dicey, stating that there are no legal limitations on the legislative competence of Parliament, as seen his definition whereby, "under the English constitution, the right to make or unmake any law whatever; and further than no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament." Furthermore, Dicey identified what was at that time the sole restriction on parliamentary sovereignty, in that "a sovereign power cannot, while retaining its sovereign character, restrict its own powers by any parliamentary enactment," ie. Parliament cannot bind its successors. When the United Kingdom joined the E.U. via the European Communities Act 1972, it was declared that membership of the...
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