Essay --

the UK. Section 2 (2)9 provides for the making of delegated legislation in order to implement EU obligations10 . Furthermore, section 2 (4) states that ‘†¦.any enactment passed or to be passed, other than one to be contained in this part of this act shall be construed and have effect subject to the foregoing provisions of this section’.11 This section requires EU law to have primacy over existing and future domestic legislation. This gives effect to the doctrine of the supremacy of EU law. As a consequence of the rule in Section 2 (4) all primary legislation enacted by Parliament was to be interpreted by all courts according the EU law requirements. This obliges the courts to disregard legislation which is inconsistent with EU law. The case of Costa v ENEL12 introduced the doctrine of supremacy. In this case, the European Court of Justice confirmed that community law prevails over any national law of member states that is incompatible with it. In this case it was said: ‘By contrast with ordinary treaties, the E.E.C Treaty has created its own legal system which on entry into force of the treaty becomes an integral part of the legal systems of the member states and which their courts are bound to apply’. In the key case of Factortame (No 2)13, The House of Lords accepted the supremacy of EU law in 1991 and gave effect to Community law that was incompatible with an Act of Parliament. In this case, UK legislation violated community rights concerning discrimination and the free movement of workers. The House of Lords were in a position where they had to choose whether to apply an Act of Parliament or community law. As a result the House of Lords held the Merchant Shipping Act 1988 as invalid as it was in direct conflict ... ...membership of the European Union has undoubtedly limited Parliament’s power of supremacy as it prevails over any national law that is in conflict 14 Vauxhall Estate Ltd v Liverpool Corporation [1932] DC 15 Constitutional and Administrative law, Alex Carroll, 7th edition, 2013, Pearson Education Limited p.95 16 Thoburn v Sunderland City Council [2002] EWHC 195 17 Constitutional and Administrative law, Alex Carroll, 7th edition, 2013, Pearson Education Limited p.60 4Constitutional and Administrative law 153642 with it. The UK Parliament is still able to withdraw the UK from the membership of the European Union because it was a voluntary act for the UK to join the EU’s legal order. However no longer is domestic law the only law applicable in the UK, times have changed and it is clear that the membership of the European Union has weakened Parliamentary supremacy.