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LEGISLATIVE SUPREMACY OF PARLIAMENT :3

LEGISLATIVE SUPREMACY OF PARLIAMENT :3. Accession to Europe – European Communities Act 1972 Key Date – 1 st January 1973. S.2(4) European Communities Act 1972 ‘passed or to be passed.’. LEGISLATIVE SUPREMACY OF PARLIAMENT :3. The Article 234 (177) procedure

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LEGISLATIVE SUPREMACY OF PARLIAMENT :3

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

  2. 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

  3. 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?

  4. 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.

  5. 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.

  6. LEGISLATIVE SUPREMACY OF PARLIAMENT :3 • Factortame : The Facts • Note s.21 Crown Proceedings Act 1947. • The Divisional Court causes a shock • The Court of Appeal reverts to tradition.

  7. 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’?

  8. 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

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

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