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Acceptance of the Supremacy of the EC Law - Dissertation Example

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In the paper “Acceptance of the Supremacy of the EC Law,” the author focuses on the amended European Communities Act 1972 in conjunction with the 1992, 1997 and 2000 treaties of the European Union. The law of the European Union and Community constitutes the enhancement of constitutional law…
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Acceptance of the Supremacy of the EC Law
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In addition, it is mandatory to understand the relationship between national and European law as also which law takes precedence in the event of a conflict. The conventional doctrine of parliamentary sovereignty had stated that the UK parliament alone had sovereign power. However, the European Court of Justice did not accord much importance to parliamentary sovereignty. It had always been the practice of the European Court of Justice to state that European Community law was supreme in comparison to the Member States laws.

This permitted constitutional conjectures about the Diceyan theory of sovereignty1.The adoption of the European Communities Act 1972 made it imperative to for the UK courts to enforce some pieces of Community legislation and the decisions taken by the European Court of Justice. Despite this seeming capitulation, a hue and cry were raised in respect of a decision by the European Court of Justice, which permitted the UK courts to rescind an act of parliament.This happened due to a case filed in UK courts, by fishing companies incorporated in England but which were mainly owned and managed by Spaniards.

This case resulted in a conflict between the sovereignty of the United Kingdom parliament and the Treaty of Rome. The nature of the arguments in the judicial review proceedings made it amply clear that a reference would have to be made the European Court of Justice. This has been viewed by the Appeal Court judges, the Prime Minister, and some politicians as a director of the bestowal of Community law rights in a manner that overrides the parliaments sovereign will2.Measurement constitutes an intimate and inseparable part of everyone’s life.

Almost everything that one interacts with is subject to measurement. 

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Acceptance of the Supremacy of the EC Law Dissertation. Retrieved from https://studentshare.org/law/1706340-eu-law-the-principle-of-supremacy-of-community-law-over-national-law-has-been-accepted-more-readily-by-some-member-states-more-grudgingly-by-others
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Acceptance of the Supremacy of the EC Law Dissertation. https://studentshare.org/law/1706340-eu-law-the-principle-of-supremacy-of-community-law-over-national-law-has-been-accepted-more-readily-by-some-member-states-more-grudgingly-by-others.
“Acceptance of the Supremacy of the EC Law Dissertation”, n.d. https://studentshare.org/law/1706340-eu-law-the-principle-of-supremacy-of-community-law-over-national-law-has-been-accepted-more-readily-by-some-member-states-more-grudgingly-by-others.
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