Distinguish between horizontal and vertical effect in EU law The United Kingdom joined the European Union in 1973 by the European Communities Act in 1972.After the United Kingdom joined the European union all the EU law established by the Council has to be followed and all other countries which join European Union. In essence, United Kingdom forced and it cannot be argued. The section 2 of the European Communities Act 1972 says that United Kingdom has to follow European Law also requires English law to be subject to European law. There are various types of EU law source which foundation is The Treaty of Rome. It is the base of other basic rules for the European Union and also the basis of the European Laws which is in power now.
They are then implemented by the executive and enforced by the courts. Statute Law is the most important source of the principles and rules making up the British constitution because parliament is the sovereign body. An example of Statute law include: The Parliament Act (1911), which established the House of Commons as the dominant chamber of parliament. More recent example is The Human Rights Act (1998), which enshrined key rights in UK law. Secondly there is Common Law, Common law includes legal principles that have been developed and applied by UK courts.
Word Count: 202 Question 2: Briefly explain the civil court structure in Scotland. Your explanation should cover, where appropriate, the jurisdiction of the court, who may hear the case and where a decision may be appealed. The civil court structure in Scotland is made up of various courts each with the ability to pass and reserve judgment in civil matters which concern the court; I will look at each of the courts within the civil court structure, their jurisdictions and routes of appeal for each. The Sheriff Court – Civil matters within
“The Human Rights Act has revolutionised the way in which judges interpret statutes.” The Human Rights Act 1998 (HRA) was incorporated into the United Kingdom (UK) law in order to enforce the rights under the European Convention on Human Rights (ECHR) to which the UK is a party. The Human Rights Act or the 1998 Act is said to have a major impact in judicial interpretative practices (Gearey et al). The rules of statutory interpretation were found at common law but the HRA is said to have given new rules on interpretation. Before turning to HRA, the judicial practice of statutory interpretation and the impact of the membership of the European Union need to be considered. The politics of the common law (Gearey et al.)
“The Human Rights Act incorporates the rights and freedoms set out in the European Convention on Human Rights into United Kingdom law.” The United Kingdom courts have a duty to interpret UK laws in-line with the European Convention on Human Rights Act. In interpreting UK laws the same techniques used by the Strasbourg bodies of the European Convention must be used by the UK court. The reason for the same interpretation is because the UK domestic law must be compatible with the European Conventions laws. According to the Human Right Act 1998, Section 3 (1) “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.” Courts can change legislations made in a lower (subordinate) court if it is not compatible. Primary legislations or those made my higher courts can only be change and made compatible with the ECHR with a declaration of incompatibility by the House of Lords, Judicial committee of the Privy Council, Court of Appeal and the High Court.
• Explanation on “Data Protection Act” Is a United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the UK. Although the Act itself does not mention privacy, it was enacted to bring UK law into line with the European Directive of 1995 which required Member States to protect people's fundamental rights and freedoms and in
The European Union constitution was designed to bring together all of the treaties and rules previously agreed. The basic idea was to create a closer relationship between all the member states of the European Union to the extent of the European Union becoming one single state. The plan for the European Union to become an entity in its own right would mean that countries within the European Union would no longer have an individual say in organizations such as the United Nations. The constitution was originally believed to bring countries closer together, however it seems more likely that the real reason behind it was
Cases were to be presided over by the European court of human rights in Strasbourg. Prior to the Human Rights Act 1998, domestic courts could use the convention rights as an aid to interpretation and Convention rights were only persuasive authority i.e. Waddington v Miah, Derbyshire County Council v Times Newspaper Ltd . In 1997 the Labour government, honouring a manifesto pledge announced their intention to incorporate the convention into domestic law. It published a white paper, Rights Brought Home: The Human Rights Bill, which
So how can judge create law through the doctrine of precedent? The basic doctrine means every court in the UK is bound to follow any decision made by a superior court and in general, appellate courts are bound by their own decisions. Although this appears that the courts are not allowed to develop law, there are ways in which the judicial precedent can be avoided, in turn, allowing
The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government and the armed forces. The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.