Parliamentary sovereignty – Character of the constitution and the common law – impact of the EU membership

Question 1

What does it mean that the UK constitution is `dualist’?

Answer 1

It means that international agreements must be enacted into domestic legislation before the can take effect in domestic law.

Question 2

How was EU law incorporated into domestic law?

Answer 2

By the ECA 1972.

Question 3

Following the UK’s accession to the EEC, what approach to the UK courts initially take to the application of Community law?

Answer 3

Purposive approach.

Question 4

What did Factortame make clear?

Answer 4

Made it clear that EU law could override or disapply conflicting UK statutes enacted after 1972.

Subsequent cases went further by disapplying provisions within statutes that clearly conflicted with EU law, even without reference to the ECJ.