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LEGISLATIVE SUPREMACY OF PARLIAMENT :3

Explore the progression of legislative supremacy in the UK Parliament through landmark cases, starting with the accession to Europe in 1972 to recent developments under the Human Rights Act 1998. Learn the implications and challenges faced in adapting to European law and human rights standards.

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LEGISLATIVE SUPREMACY OF PARLIAMENT :3

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  1. 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.’

  2. 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

  3. 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?

  4. 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.

  5. 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.

  6. 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.

  7. 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’?

  8. 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

  9. 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

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