MidgetFever
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First of all, I just want to stress that I'm not asking what I should write, but I just want to check whether my understanding is correct, and whether my argument is relevant.

I have a public law question asking about the Separation of Powers in the UK and EU, but also how the membership of the EU has influenced the UK's separation of powers.

Now, the first part I'm perfectly fine with.
I was going to apply Pure vs Partial theory into the understandings of the UK & EU constitutions.

The second part I'm a little lost. I WAS going to talk about the Human Rights Act and how judicial interpretation under the HRA has changed the understanding on the separation of powers.

However.. I understand that the ECHR was implemented by the Council of Europe, not the European Union. So would it be feasible to write about the HRA at all? Or would this be completely irrelevant?

Thanks in advance for any opinions <3
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Notoriety
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ECHR would be a weak argument. It is linked to the EU in spirit, but there are more obvious UK-EU things to talk about.
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MidgetFever
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(Original post by Notoriety)
ECHR would be a weak argument. It is linked to the EU in spirit, but there are more obvious UK-EU things to talk about.
I was afraid that would be the case.
Back to the drawing board, I suppose! I used to enjoy Public Law until this damn question came around. :lol:
Cheers Noto!
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Insecable
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First of all, it has been a year since I studied public law and I don't remember the material fully, so bear that in mind before reading my response.

You may want to look at the Factortame decisions, particularly Factortame (No 2)? I remember those being relevant in the UK-EU discussion in public law.

I agree with Notoriety's point that an ECHR argument would be weak. However, if you study EU law as well...how about looking along the lines of the duty of consistent interpretation and direct effect instead?

Just some ideas, although please do your own research and have your own opinion before implementing anything new into your argument!

Good luck.
(Original post by MidgetFever)
First of all, I just want to stress that I'm not asking what I should write, but I just want to check whether my understanding is correct, and whether my argument is relevant.

I have a public law question asking about the Separation of Powers in the UK and EU, but also how the membership of the EU has influenced the UK's separation of powers.

Now, the first part I'm perfectly fine with.
I was going to apply Pure vs Partial theory into the understandings of the UK & EU constitutions.

The second part I'm a little lost. I WAS going to talk about the Human Rights Act and how judicial interpretation under the HRA has changed the understanding on the separation of powers.

However.. I understand that the ECHR was implemented by the Council of Europe, not the European Union. So would it be feasible to write about the HRA at all? Or would this be completely irrelevant?

Thanks in advance for any opinions <3
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MidgetFever
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(Original post by Insecable)
First of all, it has been a year since I studied public law and I don't remember the material fully, so bear that in mind before reading my response.

You may want to look at the Factortame decisions, particularly Factortame (No 2)? I remember those being relevant in the UK-EU discussion in public law.

I agree with Notoriety's point that an ECHR argument would be weak. However, if you study EU law as well...how about looking along the lines of the duty of consistent interpretation and direct effect instead?

Just some ideas, although please do your own research and have your own opinion before implementing anything new into your argument!

Good luck.
I was considering Factortame, direct effect and what not and although it obviously concerns the relationship between the UK and EU, I'm failing to see how it concerns the separation of powers. I might be missing some thing here, but isn't it more relevant to Parliamentary Sovereignty?

This is where I'm lost if anything, the question specifically asks for SoP but everything I've read/studied is loosely related and concerns sovereignty more.

Thank you for your suggestions though!
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Notoriety
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There's always someone who tries to outdo me.
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MidgetFever
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(Original post by Notoriety)
There's always someone who tries to outdo me.
:lol:
There there Noto, we still appreciate your wisdom.
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Insecable
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(Original post by MidgetFever)
I was considering Factortame, direct effect and what not and although it obviously concerns the relationship between the UK and EU, I'm failing to see how it concerns the separation of powers. I might be missing some thing here, but isn't it more relevant to Parliamentary Sovereignty?

This is where I'm lost if anything, the question specifically asks for SoP but everything I've read/studied is loosely related and concerns sovereignty more.

Thank you for your suggestions though!
The way we studied it as well, the focus was certainly on Parliamentary Sovereignty. It seems like a tough question, I must agree with you.

Perhaps consult with your seminar leader or a Professor? I don't think I have enough time to ruminate over the question right now, especially as my knowledge of public law is rather hazy at this point in time.

P.S: I can never hope to outdo you, Notoriety.
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MidgetFever
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#9
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(Original post by Insecable)
The way we studied it as well, the focus was certainly on Parliamentary Sovereignty. It seems like a tough question, I must agree with you.

Perhaps consult with your seminar leader or a Professor? I don't think I have enough time to ruminate over the question right now, especially as my knowledge of public law is rather hazy at this point in time.

P.S: I can never hope to outdo you, Notoriety.
I've been looking over journal articles all afternoon, and I think I've found something I can use in terms of Direct Effect. It definitely is a challenging one for sure!

Thank you very much for your suggestions, you've been a great help!
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Insecable
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(Original post by MidgetFever)
I've been looking over journal articles all afternoon, and I think I've found something I can use in terms of Direct Effect. It definitely is a challenging one for sure!

Thank you very much for your suggestions, you've been a great help!
Glad that I could help in some way at least! Best of luck with the essay.
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MidgetFever
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#11
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Sorry to revive an old thread but I'm over the moon! Got my mark back today and scored a nifty 76%, I was convinced the mark was going to be terrible. So thank you so much for your help guys <3
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