The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

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.

The Influence of European Community Law on Public Law in the United Kingdom

1999 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Francis G. Jacobs
Keyword(s):  
United Kingdom ◽  
European Community ◽  
Administrative Law ◽  
Public Law ◽  
Community Law ◽  
The United Kingdom ◽  
European Court ◽  
Recent Developments ◽  
The Impact ◽  
European Community Law

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.

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

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Community ◽  
Public Law ◽  
The European Union ◽  
Community Law ◽  
Secretary Of State ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
European Community Law

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.

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