legislative supremacy of parliament :3 accession to europe – european communities act 1972 key...

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.’

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

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?

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.

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.

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.

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’?

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

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