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Question: Has the United Kingdom’s membership of the European Union led to a ‘constitutional revolution’, in causing the abandonment of parliamentary sovereignty?
If so, when did this ‘constitutional revolution’ take place?
Constitutional Law (Public Law) 1st Year, Mark 70%
Undergraduate, Law, Oxford University
Answer: The contention that the United Kingdom’s membership of the European Union (“EU”) has led to a ‘constitutional revolution’ is well founded. With the implementation of the 1972 European Communities Act (“the 1972 Act”) necessary for membership, Parliament surrendered its sovereign right to legislate. This Act has effected a severe limitation, but not necessarily abandonment, of the principle of parliamentary sovereignty for three primary reasons. Firstly, Parliament is no longer free to legislate on whatever subject matter it so wishes and must legislate in a “manner consistent with EU law ”. Secondly, the Factortame (No.2) judgment clarifies that EU legislation is to be awarded a higher status and can ‘trump’ and disapply legislation deemed to be conflicting. Thirdly, the essential core of parliamentary sovereignty is undermined by the ability of the 1972 government ...(short extract)
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- Subject: Law
- Course: Constitutional and Administrative Law
- Level: Degree
- Year: 1st
- Mark: 70%
- Words: 1999
- Date submitted: May 30, 2016
- Date written: October, 2014
- References: Yes
- Document type: Essay*
- Essay ID: 7400
