English Public Law

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so far as it is possible to do so , primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights Moreover , Section 4 empowers the court to make a declaration of imcompatibilty when conflicts arise between domesntic law and convention rights Prior to the introduction of the Human Rights Act 1998 the Parliamentary sovereignty of Westminster was for all intents and purposed beyond reproach

The Human Rights Act 1998 goes a bit further by not only adapting the European Convention on Human Rights , but makes provision for domestic law to be intepreted in such a way as to render it compatible with Conventions rights

A close examination of UK Parliamentary sovereignty defies this logic and the following discussion will bear this out Two key provisions in the UK set the framework for concerns about the futility of the pharse UK Parliamentary sovereignty ‘ These provisions are the European Community Act 1972 and the Human Rights Act 1998

It merely provides Parliament with the power to ensure that its citizen ‘s convention rights are safeguarded and protected Adding to conerns about the ceding of Parliamentary sovereignty to community sovereignty is the ruling in Van Gend en Loos v Nederslande Administratie der Belastingen CMLR [1963] 105

The transfer by the states from their domestic legal system to the Community legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights This concept of permanent limitation on Parliamentary sovereignty is not entirely true

Nicols argues however , that this new power under the Human Rights Act does no necessarily challenge concepts of UK Parliamentary sovereignty

Paper Topic: English Public Law The UK ‘s accession to the European Union has given rise to a growing concept that by doing so the idea of Westminster Parliamentary sovereignty is nothing more than a misnomer

It is the doctrine of community supremacy that challenges the age old concept of the sovereinty of Westminster Parliament

It was held that The Community constitutes a new legal of international law for the benefit of which the States have limited their sovereign rights albeit within limited fields , and the subject of which comprise not only the Member States but also their nationals

However , the doctrine of community supremacy challenges this concept by requiring that all Member States recognize and apply community law over and above domestic provisions

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