Public Law in the United Kingdom - Essay Example

Download file to see previous pages The European Communities Act of 1972 was a significant development and through this Act, the UK has in effect, agreed to be bound by the Treaty of Ascension and to acknowledge EU supremacy in law. Further the Human Rights Act of 1988 incorporated the goals of the European Convention of Human Rights3a within the framework of national law, by including a provision that Parliament legislation is to be interpreted and read in such a manner as to give effect to the goals of the Convention4, while the judiciary has also been given the power under the Act to declare Parliament legislation incompatible with Convention rights5.

Within the UK, the European Convention was not directly relevant to statutory interpretation6 until the introduction of the Human Rights Act of 1998. Parliamentary sovereignty means that UK law can override international law7, however, the Communities Act of 1972 and the Human Rights Act have raised the question of the supremacy of EU law over national law and its application within the country. As opposed to a centralized form of Government within the UK where Parliament is supreme, the incorporation of EU law has now transformed the UK into one of the Member states of the Federation of the European Union, subordinating its constitutional traditions to conform to the common order spelled out by the European Union under the EC Treaty.

However, it must be noted that the declaration of incompatibility8 is a limited judicial function, it does not override the supremacy of UK parliament legislation, judicial prerogative extends only up to a declaration of incompatibility and it is up to Parliament to reform or modify the incompatible national law to conform to the European Convention. Moreover, no Parliament can bind its successors, therefore, a future UK Parliament could repeal or amend the Human Rights Act9. In the balance of division of powers within the UK, Parliament emerges supreme and therefore this leads to a centralized form of Government. Parliamentary Sovereignty in the UK has therefore posed an urgent need for Constitutional reform within the country. ...Download file to see next pages Read More