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

What has been the effect on English law and law making of UK membership of the EU?

Extracts from this document...

Introduction

What has been the effect on English law and law making of UK membership of the EU? As a result of joining the EU English law has seen the introduction of EU primary legislation i.e. treaties, e.g. the treaty of Rome. It has also signaled the introduction of secondary legislation, which includes directives, regulations and decisions. The introduction of treaties and directives etc has prompted an increase in the force and quantity of human rights law in England, but some say for the cost of parliamentary sovereignty in the UK. This version of quid pro quo has lead many to believe in the so-called 'eurocrats' trying to govern the whole of Europe without any consultation of it's member states. EU secondary legislation has many different levels, which I think is a good thing as it allows for the correct weight to be applied to each 'Act' for use in the EU. ...read more.

Middle

Direct effect will also have repercussions upon English judges as they may feel that their rulings are more vulnerable to being challenged by the EU. UK supremacy was confronted by the EU in the case of Factortame (1991) in which the EU directly overruled the UK in a fishing quotas dispute. With the joining of the EU I think that England should have secured it's own supremacy. England should be able to rule and govern it's in any way it pleases, I think the de-centralisation of Briton's parliamentary and governmental powers was a bad idea as it allows people who were not voted for or selected by us to represent us on a international scale let alone produce laws and regulations by which we have to live. Skeletal legislation is another thing which has become more popular since the joining of the EU. It entails the writing of much 'loser' legislation which is much more open to interpretation by judges, it lets them 'fill in the gaps' so to speak. ...read more.

Conclusion

I think this is a good idea as it is an independent look at legislation which will point out any problems which could arise as a result of badly written or unreasonable legislation. English law making has been affected by membership of the EU four fold; one way is that the sovereignty of English law has (to a certain extent) been removed. The second is the legislation that is written has become much more basic and skeletal, it only outlines what is wanted unlike legislation of the past which stated everything right down to the crossing of the t's and dotting of the I's. Thirdly an independent watchdog has been put into place over parliament (preliminary opinion in the E.C.J) And lastly when English legislation is written it is becoming more and more Eurocentric to stay in line with the rest of Europe, I think this is not a very good idea we are losing our heritage and becoming less British and more European which in some aspects is a good thing, but not in all aspects. ...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. Marked by a teacher

    "'A troublesome partner.' Using examples, to what extent would you say this comment accurately ...

    4 star(s)

    The unionised, class-ridden, reactionary army of industrial warriors was transformed into a flexible and individualistic workforce aided by deregulation and entrepreneurial ambition.6 At its core, Thatcherism relied upon the activation of national potential, envisaging a limited role for EC membership.

  2. A clear explanation of key underpinning economic theories relevant to the EU.

    all member states with the exception of the UK signed the social charter agreement. The charter looks at fundamental social rights of workers. The social policy first made a big impact in the European Union and its the social policy looks at many key areas such as, Unemployment Health Education Work/ wages (minimum wage)

  1. Charity law.

    The Commissions interest lies mainly in the fourth area, 'other purposes beneficial to the community.' These purposes are defined in detail in the Charitable Uses Act 1601. The review has shown the Commissions willingness to recognise new charitable purposes. However, these purposes must be similar to purposes in the Preamble,

  2. Will examine the effects membership of the European Union or EU has had on ...

    For example the EU forced the United States to reduce steel tariffs by threatening to place tariffs on US exports to the EU. The UK had suffered as a consequence of these tariffs and lost considerable amounts of trade. On its own, the UK would have had little chance in negotiating these agreements.

  1. Advantages of UK membership to the European Union cover many fields

    another member state and over 830,000 young people from across the EU have studied, trained or worked in another member state. Although advantages and benefits of membership are in the paragraph above, there are also costs of being a member of the world's largest trading block.

  2. Public Law Coursework

    bases his conclusions for the case. Lord Justice Laws' judgement makes an important statement on the hierarchy of acts of parliament. He states, using the case of R v Secretary of State for the Home Department ex parte Simms8: "We should recognise a hierarchy of statues: as it were "ordinary" statutes and "constitutional" statutes."9 He goes

  1. Back ground information about the EU

    In the past years the European Social Fund spent more than ECU 5.6 billion on trying to help people back into work, on training, counselling and other measures to boost employment. Although progress was made, the social policy of the European Union has been, nevertheless, marked by diverging national interests and values of the member states.

  2. Funding British membership in the EC/EU: The awkward quarrels over contributions, CAP funding and ...

    Also, European integration was at this time particularly associated with the leader of the conservative party Winston Churchill. Therefore going ahead with European integration and signing the treaty of Paris would have been seen as giving into Tory values. To add to these general factors, Ernest Bevin, the foreign secretary,

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