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

Supremacy of the European Union has, to all intents and purposes, crippled the domestic system of the law. Discuss

Extracts from this document...

Introduction

Supremacy of the European Union has, to all intents and purposes, crippled the domestic system of the law. Discuss. "No longer is European law an incoming tide, flowing up the estuaries of England. It is now like a tidal wave, bringing down our sea walls and flowing inland over our fields and houses - to the dismay of all" The Late Lord Denning, 1990. The issues of European Supremacy began long before they threatened our legal system. In 1957, when the Treaty of Rome was first shaped, the forefathers of a Federal Europe knew exactly what they intended for member states. During Macmillan's reign as Prime Minister (1957 - 1963), he and his Conservative Government accepted the inevitability of the EEC and sought to place Britain at its heart, reasoning that we could provide the Europeans with sound political leadership, due to our diplomatic experience, skills in negotiation and a special relationship with the US. A theory that would be proven to be tenuous. In the creation of the Treaty of Rome, three directives were to be met, (1) To achieve peace in Western Europe (2) To form a customs union, facilitating a strong trade block and (3) Build an alternative Super-power to rival the US and the USSR. Macmillan's application for British membership of the EEC was met with rebuttal, in 1963, Charles De Gaulle vetoed the request suggesting, " .. ...read more.

Middle

It will eradicate Trial by Jury, introduce Double Jeopardy, allow Imprisonment WITHOUT charge and replace the Innocent until proven Guilty concept with Guilty until proven Innocent. Indeed, since Amsterdam, we are now facing the very real comprehension of what being part of the EU has in store for us. New policy areas include, Employment, Equal Opportunities, Research and Development, Public Health, Social Policy and Transport. We are now signed up to a European Union that has a Parliament, a Flag and an Anthem, a Union that wants a single Currency, Army and Foreign Policy. So what of the UK? One could argue that Britain has kept its sovereignty with the fact that it could pass an Act to " .. renounce the Treaty - or would that be an illegal act of rebellion?.. " (Norman Tebbit Nov. 1998) We have already seen that Britain's entry into the European Treaty's has invoked huge reform. (British) Parliament must now legislate in conjunction with EU law, Acts and Laws already in existence must be interpreted to conform to EU Law and the State has to ensure that all EU law is transposed and implemented accurately. This puts a huge strain on the Courts whilst ruling, thus making a mockery of Precedent as any case incorporating EU legislation can only be considered using the purposive approach, in order that EU directive can be met. ...read more.

Conclusion

It would also seem that, with the continuing developments of the EU, the acceptance of the Treaty of Nice 2001 and the inauguration of a possible 12 extra States, that the need for further legislation will be necessary. Legislation upon legislation, and all needing to be interpreted, implemented and ruled upon in unison with what (Europe) intends. I think instead of using the term 'crippling', I would sooner consider Europe's invasion of Britain's Law methodology as 'modernising'. Perhaps the UK's methods of case law, derived from religion and precedent are antediluvian and ineffectual and certainly with the proposal of a Human Rights Bill, could be seen to detract from what the impending Act could offer. But, there must surely come a time when there is so much Law, when we are so encompassed by Rules and Regulations, that any Human Rights Act would be immaterial. Indeed, as we are slowly, but surely forced to become Europeans, The will, and Law of Europe seems destined to overthrow Britain's domestic system of the Law entirely, compelling us to adopt a Monist approach as apposed to Dualist. In conclusion, there is an alternative, and I would leave you pondering the words of (perhaps) the enlightened Lord Gardiner LC, who conveyed his view thus: "Under the British constitutional doctrine of Parliamentary sovereignty, no Parliament can preclude its successors from changing the Law . . . There is in theory no constitutional means available to us to make it certain that no future Parliament would enact legislation in conflict with Community Law." (Words - 1475) Gavin Bing 11-10-2002 ...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 European Union 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 European Union essays

  1. The Institution of the European Union and Theories.

    The treaty agreed on military assistance as well as economic, social and cultural co- operation between the countries. The treaty paved the way for Western European Union Nato. The treaty improved relationships between the countries and also increases trade. This treaty created benefits for firms as customers can buy products from different countries.

  2. The Foreign Policy of Great Britain in relationship to the European Union.

    Then Britain got alarmed with the rapid progress the Community was doing. At each stage, Britain thought that the Six's plans could not happen and held back. For the other Member States, admits Britain today, the reasons of history, proximity and democracy were compelling enough.

  1. The UN is an ineffective Peacekeeper. Discuss

    This gave the impression that the UN was not prepared to protect the Tutsi population of Rwanda and that the Hutus could continue their genocide with impunity. Similarly in Sierra Leone conflict had arisen since 1991 as the RUF waged war on the corrupt government in place and yet the UN did not intervene until 2000.

  2. Free essay

    Finnish Party System

    However, starting in the 1970's the Coalition has reformed its program somewhat to become more liberal. "Traditional values" are not emphasized as much, and the party has become more open towards welfare policies which involve transfer payments. However, the Coalition regards private ownership and a free market economy as the foundations of economic development.

  1. Regulation 2560/2001 on cross-border payments in Europe.

    (1) and the Bank Identifier Code (BIC) (2) necessary for automated processing of cross-border credit transfers. The widest use of these codes is considered to be essential. In addition, other measures which entail extra costs should be removed in order to lower the charges to customers for cross-border payments.

  2. Transformation of the U.S. Hegemony in Europe through NATO after the Cold War

    This would contribute to the process of further integration by increasing the cooperation between Germany and France, providing respect for Britain in the Union and giving the Europeans more of a say in security decisions of Europe. NATO and the EU were going to ensure the development of effective mutual

  1. What were the key provisions of the Treaty on European Union (Maastricht)? Discuss how ...

    The Maastricht Treaty of 1992 supplemented the communities by introducing two further pillars: firstly the common foreign and security policy (CFSP) and secondly the third pillar concerned Police and Judicial Co-operation in criminal matters (PJC)8, which surrounded the existing first pillar.

  2. Austria - An economic and political overview.

    Outside presure is minimal as they remain outside of the EU. The INL sees Haider as "an example to follow" Previously a strong cooperation with FPO, but now remaining cautious. One wonders if the postition the EU took in the FPO-case will effect the rest of the European far-right.

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