EU and parliamentary sovereignty Flashcards

1
Q

what were the sections of the European Communities Act 1972?

A

s1 - all rights, powers, liabilities, obligations and restrictions created or arising under the treaties are without further enactment to be given legal effect or used in the UK
s2(4) - essentially states that any laws passed in the future that are inconsistent with the ECA will not have any legal effect
s3 - gives UK courts jurisdiction to make decisions regarding matters of EU law subject to the case law of CJEU, and apply EU legislation domestically

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

how does s2(4) contradict PS?

A
  • contradicts the idea that no body can override or question an AOP
  • contradicts that parliament cannot bind its succesors. specifying that no legislation can be incompatible with ECA places severe limitations on future laws that can be made
How well did you know this?
1
Not at all
2
3
4
5
Perfectly