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Parliamentary sovereignty help

Hello,

I am trying to write an essay on parliamentary sovereignty and eu primacy. I need help. Is EU supreme over the uk parliament? And did thoburn case prove it? Please help. Thank youu

Reply 1

GeneralStudent95

In the case of a conflict between EU Law and UK Statutory Law, the UK Court's will disapply the conflicting provisions of the UK Act and enforce the EU Law.

As per Laws LJ in Thoburn, "...Where there is an inconsistency between an EU law right or obligation and national law, the latter must be modified or abrogated, even where it is contained in an Act of Parliament."

The cases you want to look at are Factortame II and Thoburn

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