LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Accession to Europe – European Communities Act 1972 Key Date – 1 st January 1973. S.2(4) European Communities Act.

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Presentation transcript:

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Accession to Europe – European Communities Act 1972 Key Date – 1 st January S.2(4) European Communities Act 1972 ‘passed or to be passed.’

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 The Article 234 (177) procedure An early warning from Lord Denning -Bulmer v. Bollinger [1974] Ch 401. The reaction of the English Courts? - Van Duyn v. Home Office [1974] ECR 1337 Equal Pay Becomes an Issue

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 The English Courts have to act Macarthys Ltd v. Smith [1981] QB 180. Garland v. British Rail Engineering Ltd. [1983] 2 AC 751 Is supremacy under threat?

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 The Courts draw back Duke v. GEC Reliance Ltd [1988] AC 618 The Courts recognise European Law Pickstone v. Freemans plc [1989] AC 66. Position prior to Factortame.

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 R. v. Secretary of State for Transport, ex p Factortame Ltd [1990] 2AC 85. R. v. Secretary of State for Transport, ex p Factortame Ltd (No2) [1991] AC 603. R. v. Secretary of State for Transport, ex p Factortame Ltd (No3) [1992] QB 680.

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Factortame : The Facts Note s.21 Crown Proceedings Act The Divisional Court causes a shock The Court of Appeal reverts to tradition.

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Factortame in the House of Lords The European Court leaves the House of Lords with a decision to make. The test in American Cinamond Co v. Ethicon (1975) AC 396 What is the ‘balance of convenience’?

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Where does the law go now? R. v. Secretary of State for Employment, ex p Equal Opportunities Commission [1994] 2 WLR 409. R v. MAFF, Secretary of State for the Environment, ex parte Monsanto [1999] 2 WLR 599

LEGISLATIVE SUPREMACY OF PARLIAMENT :3 Recent Developments S.4 Human Rights Act The growth of Henry VIII clauses, e.g. s.10(2) Human Rights Act 1998 Conclusion