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Words: | Submitted: Wed Nov 01 2006
... Parliament, (e.g. the European Communities Act 1972, (ECA)), will also be explored as they are the main source by which development over the years have been enabled by the ECJ, (one of the most proactive institutes of the Community, safeguarding the Articles contained therein), via the teleological approach used when interpreting cases. The argument that the scope and powers of the Treaties envisioned by each member state, has been elongated, is important to this debate, and will also be looked at in relation to Montesquieu ideas on the proper separation of governmental powers. In order to establish just how the ECJ managed to ensure its supremacy over domestic law, background of its historical development will need to be given. Quite early on it became apparent to the EC that the Treaty signed by all member states, had not incorporated any sanctions to encourage compliance to EC law via legal consequences, leaving the Commission, who would generally bring a breach to the notice of the other institutes and ...
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