Place of the EU in the UK Constitution Flashcards

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1
Q

The European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 took a _______ of all EU law that was part of the UK legal system at the end of the ________ ______ and converted it into a new body of UK law called __________ __ ____

A

snapshot, transition period, retained EU law

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2
Q

All pre-Brexit primary and secondary legislation implementing EU directives is __ _________ ______ _______ and has been preserved as UK law

A

EU-derived domestic legislation

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3
Q

EU Regulations that were automatically binding on member states have been retained as _____ __ __________

A

direct EU legislation

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4
Q

EU Treaties that had direct effect and could directly be relied on in court have been preserved as ______ ________ __ ____

A

directly effective EU law

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5
Q

What is meant by the principle of direct effect?

A

A doctrine that allows individuals to invoke an EU law provision before a national court

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6
Q

The UK can ________ __ _____ retained EU law

A

repeal or amend

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7
Q

In the event of a _______ between UK law enacted before the end of the transition period and _________ __ _____, then the latter will prevail

A

conflict, retained EU law

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8
Q

Legislation enacted after the _________ _____ is not subject to the principle of __________, which means that the UK can legislate ________ to EU law

A

transition period, supremacy, contrary

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9
Q

Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?

A

No

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10
Q

Are devolved legislature acts (e.g. from Scotland, Wales etc.) enacted before the transition period valid if they conflict with EU law?

A

No - they are invalid

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11
Q

Are devolved legislature acts enacted after the transition period valid even if they conflict with EU law? If so, when?

A

Yes - provided the act is within the devolved nation’s legislative competence

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12
Q

What is the term given to retained EU decisions of the CJEU and where are they binding in the UK?

A

retained EU case law, all domestic courts besides the UKSC and UKCA

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13
Q

Which courts in the UK can depart from retained EU case law when it appears right to do so?

A

Supreme Court and Court of Appeal

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