The dissertation attempts to assess critically assess the problem of conflicts between the supre... more The dissertation attempts to assess critically assess the problem of conflicts between the supremacy of European Union law in relation to national Parliamentary sovereignty from a broadly traditional, historical, legal and political perspective. The classical Decay principle of the Westminster Parliamentary Supremacy is challenged with the doctrine of the supremacy of European Union law.
European Union law constitutes legislative provisions of EU ‘Treaties and Initiatives’ and enforces series of rights and obligations upon its European Member States’ national judiciaries. Britain’s Parliamentary sovereignty is a highly controversial and vital notion, being a supreme and legitimate source of public power. However, under present-day conditions, the Parliament has an obligation to continue implementing the general commitments to European Integration as formally expressed in the European Communities Act 1972, which serves as a fundamental foundation and condition for the supremacy of European Union law. Such enforcement reaffirms the notion that European law is seen as having a major impact on Westminster Parliamentary sovereignty.
The aim of this paper is to critically assess whether Britain’s Parliament can truly be considered the supreme legal authority in the United Kingdom. This includes an examination of the primacy of European Union law, how it takes precedence over UK’s national law, what constitutes the supremacy of the European Union law, and finally, how the conservative government’s plan to hold an ‘in or out’ referendum from EU membership by 2017 would work towards reintroducing the supremacy of power from Brussels back to Westminster in order to restore UK’s Parliamentary sovereignty
The dissertation attempts to assess critically assess the problem of conflicts between the supre... more The dissertation attempts to assess critically assess the problem of conflicts between the supremacy of European Union law in relation to national Parliamentary sovereignty from a broadly traditional, historical, legal and political perspective. The classical Decay principle of the Westminster Parliamentary Supremacy is challenged with the doctrine of the supremacy of European Union law.
European Union law constitutes legislative provisions of EU ‘Treaties and Initiatives’ and enforces series of rights and obligations upon its European Member States’ national judiciaries. Britain’s Parliamentary sovereignty is a highly controversial and vital notion, being a supreme and legitimate source of public power. However, under present-day conditions, the Parliament has an obligation to continue implementing the general commitments to European Integration as formally expressed in the European Communities Act 1972, which serves as a fundamental foundation and condition for the supremacy of European Union law. Such enforcement reaffirms the notion that European law is seen as having a major impact on Westminster Parliamentary sovereignty.
The aim of this paper is to critically assess whether Britain’s Parliament can truly be considered the supreme legal authority in the United Kingdom. This includes an examination of the primacy of European Union law, how it takes precedence over UK’s national law, what constitutes the supremacy of the European Union law, and finally, how the conservative government’s plan to hold an ‘in or out’ referendum from EU membership by 2017 would work towards reintroducing the supremacy of power from Brussels back to Westminster in order to restore UK’s Parliamentary sovereignty
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European Union law constitutes legislative provisions of EU ‘Treaties and Initiatives’ and enforces series of rights and obligations upon its European Member States’ national judiciaries. Britain’s Parliamentary sovereignty is a highly controversial and vital notion, being a supreme and legitimate source of public power. However, under present-day conditions, the Parliament has an obligation to continue implementing the general commitments to European Integration as formally expressed in the European Communities Act 1972, which serves as a fundamental foundation and condition for the supremacy of European Union law. Such enforcement reaffirms the notion that European law is seen as having a major impact on Westminster Parliamentary sovereignty.
The aim of this paper is to critically assess whether Britain’s Parliament can truly be considered the supreme legal authority in the United Kingdom. This includes an examination of the primacy of European Union law, how it takes precedence over UK’s national law, what constitutes the supremacy of the European Union law, and finally, how the conservative government’s plan to hold an ‘in or out’ referendum from EU membership by 2017 would work towards reintroducing the supremacy of power from Brussels back to Westminster in order to restore UK’s Parliamentary sovereignty
European Union law constitutes legislative provisions of EU ‘Treaties and Initiatives’ and enforces series of rights and obligations upon its European Member States’ national judiciaries. Britain’s Parliamentary sovereignty is a highly controversial and vital notion, being a supreme and legitimate source of public power. However, under present-day conditions, the Parliament has an obligation to continue implementing the general commitments to European Integration as formally expressed in the European Communities Act 1972, which serves as a fundamental foundation and condition for the supremacy of European Union law. Such enforcement reaffirms the notion that European law is seen as having a major impact on Westminster Parliamentary sovereignty.
The aim of this paper is to critically assess whether Britain’s Parliament can truly be considered the supreme legal authority in the United Kingdom. This includes an examination of the primacy of European Union law, how it takes precedence over UK’s national law, what constitutes the supremacy of the European Union law, and finally, how the conservative government’s plan to hold an ‘in or out’ referendum from EU membership by 2017 would work towards reintroducing the supremacy of power from Brussels back to Westminster in order to restore UK’s Parliamentary sovereignty