English Public Law in the UK - Essay Example

You must analyze the provisions of two important pieces of legislation in detail and then their respective impact on parliamentary supremacy.

Prepare in note form - ideally as an essay plan - an answer to the following question:

a) Compare the different methods of incorporation into the UK legal system of the Treaty on the Functioning of the European Union (TFEU) and
Functioning on seven major parts, the Treaty on the Functioning of the European Union, hereafter known as TFEU has in several ways that bound all seven parts have been incorporated into the United Kingdom legal system. This has been done using different methods and each of these methods has had its influence on the United Kingdom's legal system. A typical example of one of these methods is the use of conditional clauses as spelled out in Article 49 of the TEU that expect Member States of the European Union to abide by given statutes; a breach of which makes them ineligible to be members (quote).

As members are expected to unconditionally respect the values set in Article 2 as a condition of retaining their membership, the United Kingdom is somewhat forced by the obligation to incorporate basic requirements of Article 2 such as respect for human rights into its legal system. Some commentators have said that even though the United Kingdom has before the existence of the TFEU made credible strives to be respected as one of the nations of the world that has respect for human respects and human dignity, there are certainly independent ways that the country would have wanted to approach the subject of respect for human rights if the TFEU and for that matter the European Communities Act had not come in force (quote). Apart from conditions of inclusion in the European Union, Article 7 of the TEU, which deals with sanctions for breaches, is another consolidating method for ensuring strict adherence to legal provisions and thus an adaption of the TFEU provisions into the United Kingdom's legal system.

the European Convention on Human Rights employed in the European Communities Act 1972 and the Human Rights Act 1998 respectively.
In congruence with the need to abide by all aspects of the TFEU, the United Kingdom has made several individualized strives that are aimed at proofing to the international community, its willingness to be a supporter of the provisions of the European Convention on Human Rights employed in the European Communities Act 1972. It is in light of this that the United Kingdom has given what experts have described as an indelible assent to the European Convention on Human Rights by bringing into force the Human Rights Act 1998 (quote).

The Human Rights Act 1998 exists as an Act of Parliament of the United Kingdom which started its implementation procedures in October 2000 after receiving Royal Assent in November 1998. By this Act, the United Kingdom's legal system has aligned itself to the European Convention on Human Rights employed in the European Communities Act 1972 by allowing the United Kingdom court to be remediation for acts that constitute breaches of Convention right. Through this method, the United Kingdom Court is given powers to adjudicate on human rights issues without going to the European Court of Human Rights (quote). This localized exhibition of powers does not however permit the United Kingdom court to act in contrast to procedures of operations laid down by the European Court of Human Rights in Strasbourg. As much as possible the powers of the United Kingdom court should be equated to the interpretation of the laws that exist at the Strasbourg court so that rulings and application of legal mandates shall be in consonance and compatible with the European Convention on Human Rights.

b) In the light of (a), evaluate the impact of their incorporation on Parliamentary supremacy. Read More