Impact of EU membership

    Cards (27)

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