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Words: | Submitted: Mon Jun 19 2006
... the first of a set of cases which would last more than 10 years was initiated. The Factortame cases were to be of great constitutional significance, particularly the case known commonly as Factortame II. Following the European Court of Justice declaration that the Spanish fisherman in the case were entitled to relief under Community law, the House of Lords was able to pass in an injunction preventing the Secretary of State from exercising power under the act in contravention of the European Communities Act 1972, namely the Merchant Shipping Act 1988. This injunction effectively 'disapplied' the Act in question. It was Sir William Wade who went so far as to describe the effect of the case on our legal system as a 'technical legal revolution.' It is my opinion that this too radical a judgement, although I do believe that some changes in our understanding of the fundamental legal principle ...
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