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Any1 know abt Factortame?? watch

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    I m very blur when i do research abt this case!!
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    (Original post by teee)
    I m very blur when i do research abt this case!!
    Is this for the sovereignty unit in Politics?

    My notes are v. brief on this.. but here they are:

    Factortame was a one-ship shelf company, Spanish-owned but registered in the UK to enable its owner to exploit the British fishing quota in the Atlantic under the CFP.

    This was known as "quota hopping" and was illegal under the Merchant Shipping Act. However Factortame set aside the act claiming they has suffering discrimination.

    The Divisional Court suspended the Act temporarily.

    The Court of Appeal reversed that decision on the basis that no English court could set aside 'Parliament's sovereign will' on the mere grounds that Parliament might subsequently be overruled by the ECJ.

    The ECJ ruled in favour of the Spanish, causing the British to realise just how much sovereignty they had surrendered.

    hmmm... reading it back the last bit doesn't really make much sense.. lol
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    The Factortame case is basically saying that E.C.H.R takes presedence over U.K law, you don't need to tell the story of the Factortame case, as they would know what it's about! Just the fact that it can undermine parliamentary sovereignty

    hope this helps

    good luvk in your exams
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    to wat i know this case got 7 judgements...n i need to understand each judgement.

    i tried to read from the public law text book but still cant get whole story...
 
 
 
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