Assess the impact that Britain's union with Europe has had on the Doctrine of Parliamentary Sovereignty

The United Kingdom became a member of the EC in 1972 when it enacted the European Communities map (1972). This has has undermined English Domestic legislation and the rapture of the Doctrine of sevensary S everyplaceeignty. In particular s.2(1) of the Act brings European policefulness firmly within our domestic rectitude and much(prenominal) legal philosophy is to be enforced, allowed and followed accordingly. s.2(4) of the Act required English statute law to be construed accordingly. This indeed contradicts our article of belief of fantanary sovereignty. In Bulmer v Bollinger (1974), Lord Denning talked of a new source to our law and taking a rather pragmatic approach speak : The Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. front to this, the U.K. had bonk control over the laws made . The doctrine entails that Parliament has sacrosanct control over the law of the land and whence its people. The doctrine also established the fact that new statutes would take to the woods over statutes previously enacted. According to jurist and Professor Albert Venn dodgy Parliamentary sovereignty is:- The very keystone of our constitution eighteenth Century English jurist Sir William Blackstone said :- What Parliament doth, no authority on ground can undo.

Parliamentary sovereignty can be broken up into three grave elements: firstly Parliament can reap or unmake any law; secondly Parliament cannot bind its successors and last Courts cannot question an act of Parliament. Firstly in the light of the European Communities Act 1972 Parliament can unflustered only d! o this if the legislation is not an EU regulating or leading and is only domestic legislation. Parliament cannot for congresswoman repeal an Act that an EU directive had ordered the establishment to make as they did in the case of Commission of the... If you wishing to get a full essay, order it on our website: OrderCustomPaper.com

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