This discussion is now closed.
Check out other Related discussions
- Help with Edexcel AS level politics question
- Rishi Sunak relaunches plans to send asylum seekers to Rwanda
- Is it time for change - is the status quo about to end challenged?
- how to answer comparative 25 marker in politics?
- Edexcel A Level Politics Paper 2 (9PL0 02) 7th June 2023 [Exam Chat]
- Theft Act 1968 - Criticisms?
- history 2023 predictions gcse questions
- Education
- Edexcel A Level Politics Paper 3A (9PL0 3A) 16th June 2023 [Exam Chat]
- Edexcel A Level History Paper 3 (9HI0 30-39) - 13 June 2023 [Exam Chat]
- Wills and Death
- AQA A Level History Paper 1 (7042/1A to 1L) - 24 May 2023 [Exam Chat]
- Big Four - speeding conviction
- Participation crisis essay
- I did shoplifting in Primark
- Politics edexcel alevel 2023 predictions
- Question about breaches of tenancy agreement by landlord
- Three ideas for my latest book. Which one should I go with
- How do universities normally react when they receive solicitor letters from students?
- Where to get signatory for penalty charge
Never! British courts are not constituitonal courts in any sense of the word and thus cannot declare legislation invalid. Even a declaration of incompatabilitiy does not render the legislation invalid!
A court may have to interpret a statute to be quite different to its prima facie meaning however- good thing to discuss if this is an essay.
Have a quick look at the EC principles of direct and indirect effect also (Kevin Boone's law website will prob have quite good summary if you search for that).
Have a quick look at the EC principles of direct and indirect effect also (Kevin Boone's law website will prob have quite good summary if you search for that).
under s.4 of the HRA'98 the court can make a declaration of incompatibility regarding legislation which conflicts with this act and the ECHR. so it doesn't declare it invalid...but i think s.10 of HRA'98 includes a Henry VIII clause which allows parliament to quickly change the conflicting piece of legislation... i think factortame simply confirmed this?!!
hope this might help..if im correct!
i hate anything involving european law
hope this might help..if im correct!
i hate anything involving european law
P1mP
Am I right in thinking that the only time this can occur is if it is inconsistent with EC legislation/HRA 1998??
Am I right in thinking that the only time this can occur is if it is inconsistent with EC legislation/HRA 1998??Wrong; on both counts.
See: Factortame I & II, w/ reference to s. 3[1], [2] & [4] of the European Communities Act 1972, s. 21[2] of the Crown Proceedings Act 1947, s. 14[1] & [7] of the Merchant Shipping Act 1988.
chocmonster
under s.4 of the HRA'98 the court can make a declaration of incompatibility regarding legislation which conflicts with this act and the ECHR. so it doesn't declare it invalid...but i think s.10 of HRA'98 includes a Henry VIII clause which allows parliament to quickly change the conflicting piece of legislation... i think factortame simply confirmed this?!!
hope this might help..if im correct!
i hate anything involving european law
hope this might help..if im correct!
i hate anything involving european law
Factortame was before the HRA and did overrule the Merchant Shipping Act, if I'm not mistaken.
P1mP
My mistake..theres no circumstance that a court can declare this 
Actually, there is: again, see Factortame. The European Communities Act of 1972 gave effect "without further enactment" (ref., I think, s. 3[2]) to E.C. Law, inside U.K. jurisidiction; and, as E.C. legislation is supreme within the ambit of E.C. Law, short of modifying the provisions of the Act itself, our courts have been thus empowered to literally suspend or set aside collateral Acts of Parliament by recourse to a 'legislative annexe' that Parliament itself set out.
Anyway, Adam Tomkins' Public Law (somewhere in the region of page 120) articulates this exception far better than I might purport to do.
Related discussions
- Help with Edexcel AS level politics question
- Rishi Sunak relaunches plans to send asylum seekers to Rwanda
- Is it time for change - is the status quo about to end challenged?
- how to answer comparative 25 marker in politics?
- Edexcel A Level Politics Paper 2 (9PL0 02) 7th June 2023 [Exam Chat]
- Theft Act 1968 - Criticisms?
- history 2023 predictions gcse questions
- Education
- Edexcel A Level Politics Paper 3A (9PL0 3A) 16th June 2023 [Exam Chat]
- Edexcel A Level History Paper 3 (9HI0 30-39) - 13 June 2023 [Exam Chat]
- Wills and Death
- AQA A Level History Paper 1 (7042/1A to 1L) - 24 May 2023 [Exam Chat]
- Big Four - speeding conviction
- Participation crisis essay
- I did shoplifting in Primark
- Politics edexcel alevel 2023 predictions
- Question about breaches of tenancy agreement by landlord
- Three ideas for my latest book. Which one should I go with
- How do universities normally react when they receive solicitor letters from students?
- Where to get signatory for penalty charge
