• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Explain and discuss the statement in Thorburn v Sunderland City Council [2002] 3 W.L.R.

Extracts from this document...

Introduction

Public Law A Nicole Spreng Explain and discuss the statement in Thorburn v Sunderland City Council [2002] 3 W.L.R.: "Parliament cannot bind its successors by stipulating against repeal, wholly or partly, of the ECA. It cannot stipulate as to the manner and form of any subsequent legislation. It cannot stipulate against implied repeal any more than it can stipulate against express repeal. Thus there is nothing in the ECA which allows the Court of Justice, or any other institutions of the EU, to touch or qualify the conditions of Parliament's legislative supremacy in the United Kingdom." Within Lord Justice Laws' judgment in Thorburn v Sunderland City Council [2002] 3 WLR, many references are made to constitutional conventions, Acts and institutions such as 'Parliament's legislative supremacy in the United Kingdom', and its ability or otherwise to 'bind its successors', 'implied' and 'express repeal', and the 'ECA'. Each of these terms has to be defined and explained before the statement can be properly understood and discussed. When Laws LJ refers to 'Parliament's legislative supremacy' he speaks of the constitutional principle that the legislative competency of parliament is unquestionable and unlimited. The respected legal academic, AV Dicey, explains that 'Parliament...has, under the English constitution, the right to make or unmake any law whatever; and...no person or body is recognised...as having a right to override or set aside the legislation of Parliament.'1 Dicey's theory is often applied by judges, and can be seen in Blackburn v. ...read more.

Middle

2) also states that '[u]nder the terms of the Act of 1972 it has always been clear that it was the duty of a United Kingdom court...to override any rule of national law found to be in conflict with any directly enforceable rule of Community law.'8 However, as previously mentioned, Lord Justice Salmon maintained that Parliament 'can enact, amend and repeal any legislation it pleases',9 and like Lord Bridge, he recognised that joining the European Community was not an illegal surrender of sovereignty, because 'whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary.'10 In other words, all of the EU's powers flow from Parliament's sovereignty by way of the original Act, and thus Parliament retains ultimate sovereignty because it could repeal the original Act. Lord Justice Laws seems also have taken the stance of Lord Bridge and Salmon LJ by stating that 'Parliament cannot bind its successors by stipulating against repeal, wholly or partly, of the ECA' because they 'cannot stipulate as to the manner and form of any subsequent legislation'.11 Following Dicey's opinion that 'no person or body is recognised...as having a right to override or set aside the legislation of Parliament'12, Laws LJ further states that 'there is nothing in the ECA which allows the Court of Justice, or any other institutions of the EU, to touch or qualify the conditions of Parliament's legislative supremacy in the United Kingdom'.13 Hence it would seem he says that the ECJ has no right to assume absolute permanent sovereignty as it tried to in Costa. ...read more.

Conclusion

The compromise has been made: the UK courts will override national law which is found to be in conflict with Community law, but that the supremacy that this law has is retractable at any point by Parliament. 1 Dicey (1898) 1959, p 39 2 Blackburn v. Attorney General [1971] 2 All ER 1380 3 Thorburn v Sunderland City Council [2002] 3 WLR, paragraph 59 4 Dicey (1898) 1959, p68 5 http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldhansrd/vo010119/text/10119-04.htm, Lord Kingsland, [accessed 1st November 2002] 6 Thorburn v Sunderland City Council [2002] 3 WLR, paragraph 59 7 Costa v ENEL (Case 6/64) [1964] ECR 1125 8Regina v Secretary of State for Transport, ex parte Factortame ltd. and others (No. 2) (Case C 213/89), [1991] 1 A C 603 9 Blackburn v. Attorney General [1971] 2 All ER 1380 10 Regina v Secretary of State for Transport, ex parte Factortame ltd. and others (No. 2) (Case C 213/89), [1991] 1 A C 603 11 Thorburn v Sunderland City Council [2002] 3 WLR, paragraph 59 12 Dicey (1898) 1959, p 39 13 Thorburn v Sunderland City Council [2002] 3 WLR, paragraph 59 14 Thorburn v Sunderland City Council [2002] 3 WLR. Paragraph 62 15 Thorburn v Sunderland City Council [2002] 3 WLR. Paragraph 63 16 Hilaire Barnett, Constitutional and Administrative Law, (Cavendish: 2002), p191 17 Hilaire Barnett, Constitutional and Administrative Law, (Cavendish: 2002), p189 18 Hilaire Barnett, Constitutional and Administrative Law, (Cavendish: 2002), p187 19 Thorburn v Sunderland City Council [2002] 3 WLR, paragraph 62 1 Elizabeth Mount, Group 19BS ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    Critically discuss different possible meanings of justice and explore the relationship between law and ...

    3 star(s)

    In other words, people would abide by them which will create fairness within society making the outcome correct or right for society. By allowing individuals access to legal advice and representation, prevents bribery from occurring. In other words, by having someone present at the time of being questioned, the defendant could bribe public authority to acquit them.

  2. Parliamentary supremacy

    was chosen then parliamentary supremacy is still in existence, however if they were to choose EU law then parliament can not possibly be supreme. The courts chose to ignore this question for many years until the landmark case R v Secretary of State Transport ex parte Factortame2.

  1. The Land Registration Act 2002 heralds major changes to the law and procedures regarding ...

    Beaulane Properties Ltd was registered owner of a 21/2 acre near Heathrow airport in London's green belt. Mr. Palmer was a neighbouring farmer who had used the field for grazing cattle and horses since the early 1980s. However, because the court found that Mr Palmer had concealed the fact that

  2. To what extent do you think these aims have been (or will be) facilitated ...

    A person has constructive notice if the fact would have come to light had proper searches and enquiries been made before acquiring the estate. Osborn's Concise Law Dictionary, Sweet & Maxwell 9 1. Register of pending actions, 2. Register of writs and orders, 3. Register of deeds of arrangement, 4.

  1. Critically discuss the extent to which the fundamental rights provisions of the 1937 Constitution ...

    If the public organization and government can put more efforts to introduce this entitlement to the non-EU citizens, I believe there should be more Non-EU citizens who resident in Ireland participate into the social and political development of the local communities.

  2. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    Act.15 The Courts and Primary Legislation When faced with primary legislation provision, which is conflicting with a Convention right(s), the courts will have to interpret and apply several interlocking provisions of the HRA. The government has reached the conclusion that courts should not have the power to set aside primary

  1. Is the UK Parliament still supreme with regards to enacting Acts of Parliament? Discuss.

    Even the abortive Wild Mammals (Hunting with Dogs) Bill and Sexual Offences (Amendment) Bill were public bills, because although only a minority of people hunt foxes or commit sexual offences, the bills were intended to create generally applicable law. The First Reading of a bill is purely formal and normally takes place without debate.

  2. Our constitution is dominated by the sovereignty of Parliament. But Parliamentary sovereignty is no ...

    F and the others sought judicial review of the act and regulations as being contrary to the EEC treaty.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work