R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords

Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary from author Thomas Webb.

Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a UK court could suspend the effect of primary legislation where it was in conflict with European Community law. The document also includes supporting commentary from author Thomas Webb.


1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general.Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.


1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs

It is a great privilege for me to give this lecture in honour of Lord Mackenzie-Stuart. I frequently had the privilege of appearing before him as counsel when he was judge at the European Court of Justice and also from 1984 to 1988 when he was President of the Court. It was on his departure from the Court in 1988 that I went to the Court as advocate general. Lord Mackenzie-Stuart, who has long been interested in the influence of European Community law on public law in the United Kingdom, had recently published a paper entitled “Recent developments in English administrative law—the impact of Europe?” In returning to that theme this evening I should like to update the story of developments in English administrative law where there may be a European impact. I will also venture, perhaps over-ambitiously, to look briefly at the new constitutional reforms, and to see if there may be a European impact there too.


elni Review ◽  
2008 ◽  
pp. 81-85
Author(s):  
Sebastian Tusch

The European Commission publishes a yearly “Report on the Monitoring of the Application of Community Law in the Member States of the European Union”. The 2005 edition was reviewed by a member of the Parliament, namely Monica Frassoni, from Italy (Greens/EFA-IT). Her report has recently been adopted by a noteworthy resolution of the European Parliament. The resolution points out both the structural problems of enforcing European Community law and the disputable approach of the Commission during the last few years. The European Parliament recognises that European Community law is not being applied consistently. The Members of the European Parliament (MEPs) refer to the annual report of the Commission in which the infringement proceedings initiated by the Commission are listed. This report illustrates that the number of detected infringements decreased from 2709 (in 2003) to 2653 (in 2005). This drop by 56 infringements seems at first sight not to be significant. But this reported decrease of procedures happened despite the fact that the European Union increased the number of Member States from 15 to 25 in 2004. Against this background, the lower level in 2005 is indeed questionable. Basically, the enlargement of the European Union was expected to cause a significant increase of infringement procedures against the Member States. This applies in particular to new Member States whose legal systems had been – in terms of compliance with European law – divergent from those in the other Member States.


Author(s):  
Ana Fernández-Coronado González

La consolidación de la Unión Europea como una unidad política y su estructuración jurídica ha planteado una seria de cuestiones importantes en los diversos campos del derecho. Este trabajo de investigación se centra en uno de esos ámbitos: el del Derecho de Libertad de Conciencia como objeto del Derecho Eclesiástico del Estado. La relevancia del tema reside en la existencia de una doble regulación jurídica de este derecho, no siempre coincidente: la de los Estados miembros de la Unión, que consideran esta cuestion como parte de su identidad, y la del Derecho Comunitario como derecho supranacional. Con este punto de partida, la posibilidad de lograr una armonización legislativa en la materia plantea indudables dificultades, sobre todo en la dimensión colectiva del Derecho de Libertad de Conciencia, pues el aspecto individual no plantea mayores problemas. La razón de esta dificultad se encuentra en el enorme peso de las religiones tradicionales en los distintos Estados, hecho que condiciona a menudo la legislación de los mismos, en perjuicio de la plena realización de esa libertad, sobre todo para las minorías religiosas, establecidas como consecuencia del pluralismo cultural fruto de la inmigración. El análisis de estos dos espacios jurídicos, Derecho de los Estados y Derecho Comunitario, permitirá valorar el alcance de una posible armonización legislativa con proyección de futuro.The consolidation of the European Union as a political entity and the articulation of a European Community Law raise certain relevant questions in different fields of law. This research focuses in a particular sphere: the freedom of conscience as object of Law and religion. The relevance of this issue is due to the existence of a double juridical regulation –not necessarily coincident– of the freedom of conscience: the European Union Member States regulations, which consider this subject as part of their respective identities; and the European Community Law regulation. As a result, the legislative harmonization of this subject faces important difficulties, especially as far as the collective dimension of the Right to freedom of conscience is concerned –the individual dimension does not raise major problems–. The referred difficulty is due to the enormous weight of the traditional and historic religions in the different States, which determine in many occasions their legislations. This has a detrimental effect on the secularity of the States, as well as on the rights of minority religious groups, which are the result, to a large extent, of the cultural pluralism arising from immigration. The analysis of these two juridical spaces –State laws and European Community Law– will allow us to assess the implications of a possible legislative harmonization in the future.


2015 ◽  
Vol 46 (3) ◽  
pp. 989 ◽  
Author(s):  
Mario Patrono ◽  
Justin O Frosini

This article discusses the Constitution of the United Kingdom and then draws some comparisons between it and the Constitution of the United States of America. It touches on issues such as how the United Kingdom's commitment to parliamentary sovereignty has been affected by the country's relationship with the European Union.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.


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