Monday, January 27, 2014

Assess the impact that Britain's union with Europe has had on the Doctrine of Parliamentary Sovereignty

The United Kingdom became a member of the EC in 1972 when it enacted the European Communities twist (1972). This has has undermined English Domestic legislation and the persist of the Doctrine of sevensary S everyplaceeignty. In particular s.2(1) of the Act brings European equityfulness firmly within our domestic rightfulness and much(prenominal) virtue 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 our article of belief of fan tanary sovereignty. In Bulmer v Bollinger (1974), Lord Denning talked of a new source to our law and taking a rather pragmatic approach convey : The Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. prior(prenominal) to this, the U.K. had bonk control over the laws made . The doctrine entails that Parliament has sacrosanct control over the law of the land and therefrom its people. The doctrine also established the fact that new statutes would bunk over statutes previously enacted. According to jurist and Professor Albert Venn cunning Parliamentary sovereignty is:- The very keystone of our constitution eighteenth Century English jurist Sir William Blackstone said :- What Parliament doth, no authority on ground can undo. Parliamentary sovereignty can be broken up into three measurable elements: firstly Parliament can reap or undo any law; secondly Parliament cannot bind its successors and eventually Courts cannot question an act of Parliament. Firstly in the light of the European Communities Act 1972 Parliament can unflustered only do this if the legislation is not an EU regulating or guiding and is only domestic legislation. Parliament cannot for congresswoman repeal an Act that an EU directive had ordered the establishment to make as they did in the case of Commission of the... If you wishing to get a full essay, order it on our website: OrderCustomPaper.com

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