The contribution made to the concept of the supremacy of European Community Law by the judgment of the European Court of Justice
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published 21/08/2008
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SummaryThe tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law . The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine . Constitutional convention in fact dictates that the judiciary is bound by Parliament and the case of R v Jordan asserted that the courts had no power to challenge the validity of Parliamentary legislation. However, the incorporation of community law through the implementation of the European Communities Act 1972(the ECA), which expressly gives legal effect to EC law has led to the creation of what has been described as “a new legal order ”, directly attacking traditional constitutional convention of national sovereignty .
Keywords: Constitutional Law, Supremacy of EC Law, Parliamentary supremacy, European Communities Act 1972, Implied repeal
Keywords: Constitutional Law, Supremacy of EC Law, Parliamentary supremacy, European Communities Act 1972, Implied repeal
Table of Contents
- Introduction.
- The evolution of supremacy of EC law.
- ECJ's purpose in EC law.
- The significance of the Factortame decision.
- Macarthys Ltd v Smith.
- The contrast in the methods of law reporting within the civil law and common law jurisdictions.
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