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Constitutional Administrative Law - Essay Example

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Name Tutor Course Date Constitutional Administrative Introduction The European court of justice (ECJ) tremendously plays a vital role in the promulgation and making of community law. It has risen from comparative obscurity and taken an influential portion within the European Union (EU)…
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Download file to see previous pages This supranational policy has greatly affected the sovereignty of member states. The attainment of the United Kingdom (UK) to the European Communities (EC) membership forces it to effect community law in the country. This paper will critically analyse and evaluate how the United Kingdom courts have initiated the community law effectiveness over principles of domestic law, parliamentary sovereignty inclusive. Evaluation of the UK Courts achievements Chief sources of community law emanate from the secondary and primary legislations, which bind the member nations onto the law’s subject. Primary legislation comprises of amendments treaties, accession treaties and original treaties. Secondary legislation is composed of laws formed in treaties accordance. Sovereignty is unrestrained political powers that enacts and makes laws in national parliaments that are neither suspended nor overridden by any other body of institution. The EC Act in 1972 stipulated that the UK had novel sources of law as from the 1st of January 1973(Steiner & Woods 2006, p.72). As highlighted earlier, these sources are the treaties or primary laws of the European communities and the secondary laws legislations. ECJ rulings have a greater implication on the English law. European community is concerned with laws from various sources such as; education, health, consumer policy, competition, companies, fishing and agriculture, free movement of goods and workers, and environment. However, it has no competencies in social and economic areas of the United Kingdom. UK courts have apprehended community law over principles underlying national laws including sovereignty of the parliament by enacting the principle of supremacy and direct effect which have greatly affected the legal system of Britain (Beatson 1998, p. 47). As highlighted by Turpin (2007, p. 41), the UK’s establishment of sovereignty is derived from the convention of British constitution. These sovereign factors include; a future parliament cannot be connected by the existing one, the parliament can legislate on matters concerning its choosing such as retrospective legislation, the parliament can create any law and no court can impede such laws. In general terms, it means that the parliament can choose or cancel any law, and courts within UK must enforce them. Being a member of EC, such principles are compromised (MacCormick 1999, p.29). In 1957, the treaty of Rome set up EEC. This treaty made up the primary laws constituted in the EEC constitution. According to Bra & Malanczuk (1997, p. 65), the Rome Treaty is superior to all national or domestic laws. In case there exists a conflict between the treaty of Rome and the parliament, the first one will prevail i.e. the treaty of Rome. Therefore, the constitutional convention that sovereignty is attained by the parliament is contradicted. As asserted by Hunt (1998, p. 109), under some circumstances, a judge fails to apply English statute provisions in the treaty of Rome. The 1972 European Communities Act under section two presents that all legislations of the parliament passed either after or before the EU act must be applied and construed in agreement with the community law (Borchardt 1991, p. 76). English law must be well interpreted more so, have effect subject to European Community law is supreme principle. Solely, the EC law takes precedence ...Download file to see next pagesRead More
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