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Question: “There is nothing in any way novel in according supremacy to rules of Community law in those areas to which they apply…” (Lord Bridge in Factortame (No. 2)). Discuss.
Week 3 – Parliamentary Sovereignty
Answer: The use of the word ‘supremacy’ is considered tantamount to ‘Parliamentary sovereignty’. The exact definition of Parliamentary sovereignty is often disputed, however it is widely accepted that, as Dicey said, Parliament has ‘the right to make or unmake any law whatever; and further… no person or body is recognised as having the right to override or set aside the legislation of Parliament.’ It is this second clause which caused contention in the case of R v Secretary of State for Transport ex p Factortame [1991] when it was ruled that the courts had the jurisdiction to overrule the Merchant Shipping Act 1988 as it contravened European Community Law. This essay sets out to argue that the accordance of supremacy to rules of Community law cannot be considered ‘novel’ as supremacy was never transferred.
Parliamentary sovereignty establishes that law passed by Westminster...(short extract)
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- Subject: Law
- Course: Constitutional and Administrative Law
- Level: Degree
- Year: 1st
- Mark: Not available
- Words: 1205
- Date submitted: January 06, 2016
- Date written: March, 2015
- References: No
- Document type: Essay*
- Essay ID: 7049
