3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

3. Sovereignty and sources of law

2019 ◽  
pp. 87-121
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

8. Membership of the European Union

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
The European Union ◽  
Eu Membership ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
The Impact ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which provides an overview of the relationship between the European Union and the UK, and the impact of this relationship on Parliament’s legislative supremacy, begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affects the UK legal order, and its implications for parliamentary supremacy, and also discusses what the reform of the EU means for parliamentary supremacy. It considers, briefly, the impact of different Brexit options on the UK’s constitutional framework.

8. Parliamentary Supremacy and Membership of the European Union

2021 ◽  
pp. 225-258
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
The European Union ◽  
Eu Membership ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
The Impact ◽  
The Relationship

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an overview of the relationship between the European Union (EU) and the UK and the impact of this relationship on Parliament’s legislative supremacy. It begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affected the UK legal order during the UK’s membership and its implications for parliamentary supremacy. It considers the impact of Brexit and the UK–EU Trade and Co-operation Agreement on the UK’s constitutional framework.

5. The Separation of Powers

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
Wide Range ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Distribution Of Power ◽  
The Uk ◽  
And Function ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The separation of powers is a theory or a doctrine that describes how a state organizes the distribution of power and function between its different branches. It is often used as an umbrella term to denote the extent to which the three ‘powers’ in, or branches of, the state are fused or divided—that is, the legislative, the executive, and the judicial powers. This chapter begins by sketching the history of the separation of powers in the UK. It then discusses the purpose of the separation of powers; the similarities and differences between different theories of the separation of powers; the impact of recent constitutional reform on the operation of the separation of powers in the UK; how courts have interpreted the separation of powers; and the relevance of the separation of powers today including in the context of the balance of power between the executive and Parliament as regards the UK’s decision to exit the EU.

4. Enforcing EU law rights in national courts

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

7. Parliamentary Supremacy

2021 ◽  
pp. 185-224
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme law-making power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

5. The Separation of Powers

2021 ◽  
pp. 114-144
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
The European Union ◽  
Wide Range ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Distribution Of Power ◽  
The Uk ◽  
And Function ◽  
The Impact

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The separation of powers is a theory or a doctrine that describes how a state organizes the distribution of power and function between its different branches. It is often used as an umbrella term to denote the extent to which the three ‘powers’ in, or branches of, the state are fused or divided—that is, the legislative, the executive, and the judicial powers. This chapter begins by sketching the history of the separation of powers in the UK. It then discusses the purpose of the separation of powers; the similarities and differences between different theories of the separation of powers; the impact of recent constitutional reform on the operation of the separation of powers in the UK; how courts have interpreted the separation of powers; and the relevance of the separation of powers today, including in the context of the balance of power between the executive and Parliament as regards the UK’s decision to exit the European Union.

4. Enforcing EU law rights in national courts

2019 ◽  
pp. 122-195
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Direct Effect ◽  
Indirect Effect ◽  
Eu Law ◽  
National Courts ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
State Liability ◽  
The Relationship ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the development of the concepts of the direct effect and indirect effect of EU law—in other words, the rights of an individual or business to rely on a provision of EU law in their national courts; the rules that apply to the grant of remedies in national courts for breach of directly or indirectly effective EU law; and the relationship between direct and indirect effect, and the principle of State liability.

7. Parliamentary Supremacy: the theory

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme lawmaking power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

6. The Crown and Royal Prerogative

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Common Law ◽  
The Political ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Article 50 ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The royal prerogative is a special form of common law that may be exercised by the Crown, either through the Queen as monarch (her personal prerogative) or through the executive as Her Majesty’s government (the political prerogative). This chapter begins by tracing the history and development of the royal prerogative, and the role of the Crown in the exercise of these powers, and then addresses the division between prerogative powers that are personally exercised by the Queen and those that are exercised on her behalf by the political executive. Next, it turns to the respective roles of Parliament and the courts in the operation and development of prerogative powers, considering the relevance of those powers today and proposals for reform, in part, in the context of the case study on the use of the Royal prerogative to trigger article 50 and take the UK closer to leaving the EU.

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