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Words: | Submitted: Fri Jan 28 2005
... passed by Parliament as invalid. Also highlighted within the same area is the point that legally Parliament can legislate on any topic anywhere, this role is centralised in the two leading authorities of, R v Casement2 and Dpp v Joyce3. However it has also been made clear that in specific situations Parliament, in practice limits its own sovereignty. Leading examples include The European Communities Act 1972 and The Human Rights Act 1988. The European Communities Act 1972 gave effect to British entry which was directly implied to the European Union law which applied in the United Kingdom and takes precedence over national law. An area which proved to be a cause for concern was brought to attention in the Factortame case (1990)4. Here it was held that the English courts could not apply the Merchant Shipping Act 1988, which had been designed to protect British fishermen; this was due partly to the fact that ...
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