LEGISLATIVE SUPREMACY OF PARLIAMENT 2 Introduction to Lecture

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 Introduction to Lecture Negative Aspect of Dicey’s Theory Methods of Changing Acts of Parliament

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • Express Repeal • Godden v. Hales (1686) • How is this executed in practice? • Exclusion of Express Repeal?

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • Implied Repeal • Vauxhall Street Estates Ltd v. Minister of Health [1932] 1 KB 733 • Ellen Street Estates Ltd v. Minister of Health [1934] KB 590 • Note also s. 3(2)(b) Human Rights Act 1998.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • The Effect of Entry into Europe • Van Gend en Loos v. Nederlandse Tariefcommissie [1963] ECR 1 ". . . [T]he Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields. "

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • Costa v. ENEL [1964] ECR 585 ". . the EEC Treaty has created its own legal system, which on entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply. " Note the difference between this case and Van Gend en Loos.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • What if there was a conflict between European Law and a National Constitution? • Internationale Handelsgesellschaft Case [1970] ECR 1125 • Note that all three of these cases pre-date the United Kingdom’s accession to the European Communities.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • Can National Law resist European Law? • Amministrazione delle Finanze dello Stato v. Simmenthal SPa [1978] ECR 629 • Is there any scope for flexibility in the European Court of Justice? ?

LEGISLATIVE SUPREMACY OF PARLIAMENT : 2 • What were the implications for Parliament’s legislative supremacy of the accession to Europe? • How were the UK courts going to react?