European Influence on UK Constitution

Question 1

ECHR/EU

Answer 1

ECHR: 47 member states, ECtHR court

EU: 27 member states - ECJ court

Question 2

Costa v ENEL (1964)

Answer 2

EU laws trump conflicting national law, whether enacted before or after the EU norm or before UK joined

Question 3

Principles of EU influence over UK constitution

Answer 3

Supremacy of EU law

Judicial review of administrative acts and even primary legislation

Question 4

Blackburn v Attorney General [1971] - Parliamentary sovereignty

Answer 4

Laws would only be interpreted if they have been enacted by Parliament.
Denning: signing this treaty is not binding future parliaments - e.g. of Statute of Westminster which limited Parliament’s legislating powers

Question 5

Miller on UK joining ECA (European Economic Area)

Answer 5

EU law takes precedence over domestic law

1972 Act is the source of EU law, it gave EU law domestic status - ‘conduit pipe’

Following 1972 Act, UK domestic law in principle should be consistent with EU law.

Question 6

Factortame (No. 2)

Answer 6

UK attempted to impose shipping restrictions on Spanish fishers.

Held: ECJ said that shipping restrictions were not compatible with EU law and UK courts decided on supremacy of EU law at that point.

Question 7

Implied repeal of constitutional acts

Answer 7

Impossible to repress constitutional acts implicitly - “manner and form approach”