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Public law
Sovereignty of parliament
Impact of EU membership
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Cards (27)
What is the basis of the Diceyan theory on parliamentary sovereignty?
Legal authority of
Westminster Parliament
is unlimited
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How has Westminster Parliament's authority changed over time?
It has given away political authority to
nations
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What impact did the UK's EU membership have on parliamentary supremacy?
It significantly affected
constitutional law
in the UK
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What type of state is the UK classified as?
Dualist state
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What distinguishes a dualist state from a monist state?
Dualist states have separate
domestic
and
international law
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What case established that domestic law has higher status in the UK legal system?
Mortensen v Peters
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What must Parliament do to enforce international law in the UK?
Incorporate it by passing a
statute
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What act was passed in 1972 to incorporate EU law into UK law?
European Communities Act
(ECA)
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What did Section 2(1) of the ECA 1972 provide?
It gave effect to
EU law
within the
UK
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What is the significance of the European Court of Justice (ECJ) according to Section 3(1) of the ECA?
It determines questions of law relating to the
EU
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What principle was established in the case of Costa v E.N.E.L.?
Supremacy
of EU law over domestic law
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What tension arises from the principle of parliamentary sovereignty and EU law?
Parliament cannot override EU law
despite
sovereignty
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What does Section 2(4) of the ECA state about UK statutes?
They must be construed subject to
EU law
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How did the doctrine of implied repeal operate before the ECA 1972?
It ensured
pre-1972
statutes
were overridden by ECA
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What question arose regarding Section 2(4) of the ECA and parliamentary sovereignty?
Could
EU law
override
subsequent statutes
?
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What was the approach of UK courts regarding EU law in the late 1980s?
They presumed
Parliament
intended to comply with EU law
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What case accepted that EU law takes precedence over UK statutes?
Macarthys Ltd v Smith
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What was the significance of the Factortame case?
It established courts could suspend
Acts of Parliament
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What did Lord Bridge argue regarding the ECA 1972 and parliamentary sovereignty?
Parliament voluntarily limited its
sovereignty
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What did Factortame confirm about EU law's authority?
EU law could override
conflicting
UK statutes
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What was the outcome of R v SoS Employment, ex parte Equal Opportunities Commission?
Part-time workers gained
compensation rights
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Who were the 'Metric Martyrs'?
Market traders using
imperial
measures
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What did Laws LJ conclude about the doctrine of implied repeal in Thoburn?
EU
law
created an
exception
to
implied repeal
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What distinction did Laws LJ make between ordinary and constitutional statutes?
Constitutional statutes cannot be
impliedly
repealed
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What is the impact of the UK's departure from the EU on parliamentary sovereignty?
It was significant but
temporary
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What are the key points regarding the ECA 1972 and parliamentary sovereignty?
UK constitution
is dualist
ECA 1972 incorporated
EU law
into UK law
EU law was given supremacy over UK law
ECA 1972 has now been repealed
Factortame established EU law could override UK statutes
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What are the implications of the Factortame case for UK law?
Courts can disapply conflicting
UK statutes
EU law
takes precedence over UK law
Parliament
can bind future parliaments temporarily
Courts must grant
interim relief
under EU law
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