Evaluate the Impact of European Law on English Law

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Evaluate the impact of European law on English law This essay will outline and discuss the impact of the European Union has over the English law and the decisions made. Parliamentary Sovereignty is what makes parliament the high supreme authority regarding legal issues in the UK and can also create or take away any given law. Parliamentary sovereignty is ultimately the most vital part of the UK constitution; the UK constitution is referred to as being partly written down due to it not really existing in a single test. Parliament over the years have passed laws to limit the application of Parliamentary Sovereignty, these laws include: The human rights act 1998 The UK’s entry to the European Union in 1972 The devolution of power to bodies like the Scottish parliament and welsh assembly The decision to establish the supreme court in 2009, which ultimately put an end to the House of Lords being the final court of appeal. Parliament can still undermine any of the laws which implement these changes, therefore these developments do not fully undermine parliamentary sovereignty. Therefore, parliament is supreme; unless it involves the European law then the European Union will take the power. Secondly, the effect that the European Union has had on parliamentary Sovereignty. The European Union has meant that parliament is not the ultimate power for the UK, if a British law brings up conflict with the European Law, for example employment law, then it would be the European Law that would stand. But Britain does have the choice to stay in the European Union or not, as parliament are allowed to leave at any given time. A case which demonstrates the effect is the case of Costa v ENEL (1964). Costa was affected by the nationalisation of the Italian electricity industry, and claimed the procedure had been unlawful because EC law had not been complied with.
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