The contribution made to the concept of the supremacy of European Community Law by the judgment of the European Court of Justice
Summary :
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.
Abstract
The 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
See similar documents : International law
1
Why has the European Court of Justice been so central to the process of integration?
Term papers | 01/12/2009 | en | .doc | 10 pages
Latest in the category : International law
1
Legal agreement for the appointment of a non-exclusive distributor
Standard contracts | 08/11/2009 | en | .doc | 12 pages
3
How an EU military could affect world peace through international law
Term papers | 07/28/2009 | en | .doc | 12 pages
4
US courts should apply universal principle to Alien Tort Cases
Term papers | 07/28/2009 | en | .doc | 10 pages
Change Currency
Our guarantee :
How it works?
Quality guaranteed
Refunds
Secure payment
Who are we ?
