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
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