Sources Of English Law

Front 1

What is European Union Law?

Back 1

A completely new source of law was created when Parliament passed the European Communities Act 1972.
As a result of this, the English courts are bound to recognize and apply EU Law. there are different forms of EU legislation.

Front 2

What are Regulations?

Back 2

Regulations apply to all member states and are immediately binding in English Law without the need for parliament to do anything.

Front 3

What happened in the case Re Tachographs: EC Commission v UK (1979)?

Back 3

The UK government did not choose to implement a regulation that Tachographs should be installed in all vehicles carrying goods. instead the Government left it to the road haulage industry to introduce these on a voluntary basis. this went to the European Court of Justice who decided that:
- the regulation provided that member states must adopt the law
- regulations are immediately binding on all member states

Front 4

What year was the European Communities Act created?

Back 4

1972

Front 5

What date was it when the UK joined the Common Market (not the European Union?

Back 5

1st January 1973

Front 6

What to Directives do?

Back 6

Bind all member states but action must be taken to give the directive a force of law.

Front 7

How are directives enforced in the UK?

Back 7

By Statutory instrument - a law made by a government minister with the approval of Parliament.

Front 8

What can lower courts choose?

Back 8

Whether to send the case to the European Court of Justice in Luxembourg for a ruling.

Front 9

What must the Supreme Court do?

Back 9

They must refer the case to the Court in Luxembourg for a ruling. Such rulings are binding on English Law and judges have no choice but to follow them.

Front 10

What are Regulations and Directives?

Back 10

Different forms of EU Law.

Front 11

What is Parliamentary Supremacy?

Back 11

The principle that, under the English Law, Parliament is the highest law-making body.

Front 12

What happens to people who try to challenge the authority of an Act of Parliament before a court?

Back 12

They are unlikely to succeed.

Front 13

What happened in the Cheney v Conn case 1968?

Back 13

The claimant objected to his tax assessment on the ground that the Government was using some of his tax to make nuclear weapons. this objection was illegal under the Geneva Convention!
the court decided to apply the Finance Act 1964 in preference to the convention which had been accepted by Parliament in 1957.
the judge commented 'It is not for the Court to say that an Act of Parliament, the highest law in this country, is illegal'.

Front 14

What happens if there is conflict between English Law and European Law?
And when was it settled?

Back 14

EU Law prevails
This was settled in the Factortame cases (1990-2000)

Front 15

What would happen if the UK were to leave the EU?

Back 15

We would take back the powers we have already gave to the EU.
However it is economically and politically very unlikely.

Front 16

What is the judges job?

Back 16

To carry out the will of Parliament.

Front 17

What does the interpretation of the Act of Parliament depend on?

Back 17

The individual judges in the Court.

Front 18

What does the Parliament retain?

Back 18

The right to pass a new Act to change an area of the common law which the Parliament does not like.

Front 19

When did the Human Rights Act 1998 come into effect?

Back 19

October 2000

Front 20

What must any new of Parliament contain?

Back 20

A statement that it complies or fails to comply with the European Convention on Human Rights.

Front 21

What restricts the Power of Parliament?

Back 21

The vast majority of acts being able to comply with the Human Rights Act.

Front 22

What would only rarely be exercised?

Back 22

The ability to ignore the Convention which Parliament still has.

Front 23

What happened in the Factortame Ltd v Secretary of State for transport (No2) (1991)?

Back 23

The issue was the Merchant Shipping Act 1988 which provided 75% of shareholders in companies operating fishing boats in UK waters had to be British.
Spain then argued that this was contrary to the Treaty of Rome. This would take two years to get a ruling.
Spanish boat owners asked English courts to suspended the 1988 Act until the issue had been decided. The House of Lords decided that EU law must take priority over national Law.
The case was referred back to the House of Lords which was obliged to suspend the relevant part of the 1988 Act.
This case shows that if the British Parliament passes a new law which conflicts with the EU Law the British Courts have power in most circumstances to grant a temporary injunction.

Front 24

How many countries in the EU are there that have a combined population of 493 million?

Back 24

27

Front 25

Briefly explain how judges can ignore the will of Parliament, despite the supremacy rule.

Back 25

There are large areas of law not governed by statute where Parliament has not made the rules so judges must.

Front 26

What is the key difference between a European regulation and directive?

Back 26

Regulations are immediately binding whereas Directives need action to be taken.