By Chris Taylor

ISBN-10: 1405821914

ISBN-13: 9781405821919

ISBN-10: 1408250950

ISBN-13: 9781408250952

Legislation convey: Constitutional and Administrative legislations is designed that will help you to narrate all of the analyzing and examine all through your path particularly to examination and task events. comprehend speedy what's required, organise your revision, and examine the main issues conveniently, to get the grades you wish. established with examiners and scholars.

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Explain the impact of the European Communities Act 1972 and the decision in Factortame, before highlighting the difference between Regulations and Directives (that Regulations are directly applicable and so become part of UK law without Parliament, whereas Directives require an Act of Parliament to take effect). Conclude that there is little scope for the Prime Minister and the government to avoid their obligations under EU law and little scope for Parliament to challenge the provisions. Make your answer really stand out Mention that, even in the case of Directives, the UK government could be sued in the European Court for failing to implement the provisions of the Directive following the decision in Francovich v.

Therefore, if there was no statute or common law precedent which authorised the search, it would be illegal. The state was not above the law. Duport Steel Ltd and others v. Sirs and others [1980] 1 All ER 529 Concerning: the relationship between Parliament and the courts Facts A union called a strike of its members. The court was required to decide whether the union’s actions were ‘in furtherance of a trade dispute’, as required by the relevant Act of Parliament. Legal principle Sets out the relationship between Parliament and the courts.

Under the traditional model of parliamentary sovereignty, the answer is ‘no’. QXP 1/10/07 14:36 Page 37 KEY CASE PARLIAMENTARY SOVEREIGNTY British Railways Board v. Pickin [1974] AC 765 Concerning: the power of the court to challenge Parliament Facts P sought to challenge the British Railways Act 1968, arguing that the statute was invalid as there were irregularities in the procedure which had led to it being passed. Legal principle It was held that it was not for the court to examine how an Act of Parliament had come into force or to question the correctness of the procedures employed within Parliament.

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