In one sense, the European dimension does not deserve or require a chapter of its own, since the law emanating from Brussels . . . [and] Luxembourg . . . now forms (directly or indirectly) part of United Kingdom law, and its legal sources and materials - Essay Example

The Treaty of Rome 1957 officially created the European Union (EU), with the promotion of social and economic harmony as its primary objective. The Treaty of Rome has been revised three times and the 1992 Maastricht Treaty created a new European Union radicalising the notion of European Economic Community and the European Single Market into European Community law1. This was subsequently ratified by the Treaty of Amsterdam (the Treaty). Whilst the original purpose of the EU was “to create political unity within Europe and prevent another world war….. it is the EEC (now known as the EU) that has had the most significance, particularly for law”2.

Elliot further comments that in addition to the economic objectives, “it is intended that there should be increasing political unity, though there is some disagreement – particularly, though not exclusively in Britain – as to how far this should go”3. Indeed, the tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law4. The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine5.

Constitutional convention in fact dictates that the judiciary is bound by Parliament and the case of R v Jordan6 asserted that the courts had no power to challenge the validity of Parliamentary legislation. However, the incorporation of community law through the implementation of the European Communities Act 1972(the ECA), which expressly gives legal effect to EC law has led to the creation of what has been described as “a new legal order7”, directly attacking traditional constitutional convention of national sovereignty8.

Conversely, the established convention that Parliament cannot bind its successors has led commentators to argue that theoretically the ECA could be repealed by Parliament and as such, does not in reality change the