Is Parliament still supreme? Watch

stefaniemich96
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So i need to write an essay about parliament remaining supreme over EU Law or if it's supremacy is slowly eroding and i'm stuck here not knowing what position to take.
So i thought maybe that some of you could give me your opinion about this topic and maybe help me decide which side i want to take?

Thank youu
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Smiami78
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Hahaha are you at Liverpool uni?
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memoona123456
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Well its 'your' essay. You need to discover what 'you' think...
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david_94
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(Original post by stefaniemich96)
So i need to write an essay about parliament remaining supreme over EU Law or if it's supremacy is slowly eroding and i'm stuck here not knowing what position to take.
So i thought maybe that some of you could give me your opinion about this topic and maybe help me decide which side i want to take?

Thank youu
Sorry only just saw this! I have studied Law, and I personally would argue that Parliamentary supremacy has gradually eroded since joining the EU, explaining that EU Law takes precedent over UK law, and what this means, and what the implications are if the UK does not comply with EU law, thereby building an argument on European Courts being supreme.

But you could explain and use examples of times when the UK has refused to acknowledge EU Law? I believe one such case at the time, was not giving ex offenders that had committed serious crimes the right to vote.

I think you could then explain, that since the Parliament has rejected or ignored EU law in the past, it still maintains a degree of power, but question if the power to not acknowledge EU Law (and in most cases receive fines) actually amounts to supremacy, because the UK Parliament still ultimately decided what Law is introduced in the UK. Just some points I can think of off the top of my head. Hope that helps, good luck!
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kka25
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(Original post by david_94)
Sorry only just saw this! I have studied Law, and I personally would argue that Parliamentary supremacy has gradually eroded since joining the EU, explaining that EU Law takes precedent over UK law, and what this means, and what the implications are if the UK does not comply with EU law, thereby building an argument on European Courts being supreme.

But you could explain and use examples of times when the UK has refused to acknowledge EU Law? I believe one such case at the time, was not giving ex offenders that had committed serious crimes the right to vote.

I think you could then explain, that since the Parliament has rejected or ignored EU law in the past, it still maintains a degree of power, but question if the power to not acknowledge EU Law (and in most cases receive fines) actually amounts to supremacy, because the UK Parliament still ultimately decided what Law is introduced in the UK. Just some points I can think of off the top of my head. Hope that helps, good luck!
In that case, if a case (current or even prior) is contradicting with that of the EU Law cases, which one will take precedence if such circumstances occur?
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NYU℠
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(Original post by david_94)
Sorry only just saw this! I have studied Law, and I personally would argue that Parliamentary supremacy has gradually eroded since joining the EU, explaining that EU Law takes precedent over UK law, and what this means, and what the implications are if the UK does not comply with EU law, thereby building an argument on European Courts being supreme.

But you could explain and use examples of times when the UK has refused to acknowledge EU Law? I believe one such case at the time, was not giving ex offenders that had committed serious crimes the right to vote.

I think you could then explain, that since the Parliament has rejected or ignored EU law in the past, it still maintains a degree of power, but question if the power to not acknowledge EU Law (and in most cases receive fines) actually amounts to supremacy, because the UK Parliament still ultimately decided what Law is introduced in the UK. Just some points I can think of off the top of my head. Hope that helps, good luck!
For having studied law, this post is concerning.

(1) The fact that EU law overrides UK law does not show supremacy. The idea of EU sovereignty is one of devolved sovereignty - the only reason EU law is supreme is because Parliament joined the EU, thus permitting it to be. EU law is supreme by the grace of Parliament. Or, at least so modern Parliamentary Supremacy doctrine goes.

(2) Right to vote case was from the ECtHR and was a matter of Convention law. Totally irrelevant.

(3) The Supreme Court has recognized that Parliament has a right to override EU law by express intent.

Legally speaking, Parliament is the highest sovereign body.
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