ChatterBank1 min ago
UK vs EU - Who is supreme?
A question from my friend, any help much appreciated....
I am a first year LLB student in Scotland and I would like some clarification on the supremacy of the UK Parliament.
We have been taught that the UK Parliament is supreme as part of the Constitution and that in legal theory the Queen can pass any law she wishes and that law is not open to judicial review.
However, we have also been told that the European Parliament is now supreme since the European Convention on Human Rights was embedded into our law by the Human Rights Act 1998.
If the European Parliament is now supreme can they perform judicial review on an Act passed by the Queen? The HRA 1998 states that a judge must interpret any legislation 'in so far as is possible' to give effect to the ECoHR. If they find that legislation is not in line with European legislation, they are not able to 'strike it down', merely draw up a declaration of incompatibility.
This, among other things leads me to believe that the UK Parliament is still supreme. I have consulted my books and am now further confused! Please help me!
I am a first year LLB student in Scotland and I would like some clarification on the supremacy of the UK Parliament.
We have been taught that the UK Parliament is supreme as part of the Constitution and that in legal theory the Queen can pass any law she wishes and that law is not open to judicial review.
However, we have also been told that the European Parliament is now supreme since the European Convention on Human Rights was embedded into our law by the Human Rights Act 1998.
If the European Parliament is now supreme can they perform judicial review on an Act passed by the Queen? The HRA 1998 states that a judge must interpret any legislation 'in so far as is possible' to give effect to the ECoHR. If they find that legislation is not in line with European legislation, they are not able to 'strike it down', merely draw up a declaration of incompatibility.
This, among other things leads me to believe that the UK Parliament is still supreme. I have consulted my books and am now further confused! Please help me!
Answers
Only 1 answer
Best Answer
No best answer has yet been selected by jkkerr. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
By becoming a member of the EU, the UK effectively passed some of the law making decisions to the European Community in the areas which the EU has competency.
We can pass any law we wish, however, if the EU has passed applicable legislation, it will take effect in the UK, either directly or in the case of directives, by enacting compatible legislation.
Do not confuse EU law with the ECHR's. They are completely seperate.
We can pass any law we wish, however, if the EU has passed applicable legislation, it will take effect in the UK, either directly or in the case of directives, by enacting compatible legislation.
Do not confuse EU law with the ECHR's. They are completely seperate.
Only 1 answer
