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Constitutional Assignment 3 (7th March) By what means does the Court of Justice of the European Community ensure the supremacy of Community Law over national law? INTRODUCTION ------------ When dealing with a dualist system, as opposed to monist, like France or Spain, the implementation of European Community law (EC) can sometimes become more difficult. As the UK is a prime example of a dualist state, many have argued that where Community law prevails, our Parliamentary sovereignty is inevitably lost. These arguments, regarding a possible threat to our sovereignty, are of interest, and although not crucial to this question, will be looked at in light of any mechanisms used by the European Court of Justice, (ECJ), to ensure primacy is given effect to Community law over and above that of domestic law, (whether it be a dualist or monist state), using case law to illustrate, as they have been most instrumental in this process, irrespective of the fact that the Treaties do not express this concept intrinsically. The concept of Direct...

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