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Words: | Submitted: Wed Dec 13 2000
... its sovereignty. However due to the courts only enforcing Acts of parliament, not treaties such as the Treaty of Rome, it can be argued that by parliament retaining the power to repeal any Act that has not been entrenched, it could repeal the 1972 Act, effectively withdrawing itself from the European Union. This would of course be politically and economically incomprehensible, but in theory Parliament still retains its ultimate sovereignty as the highest form of law. Despite this, adherence to community law does limit the scope by which British Parliament can legislate, as can be found in Factorame Ltd and others v Secretary of the State for Transport3. Due to the Merchant Shipping Act 1988, ships, owned by companies with directors from other European community member countries were no longer eligible for registration as British Vessels. Whilst seeking a provisional ruling from the European Courts of Justice, the divisional court ...
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