EC Membership and the Judicialization of British Politics

Hardcover | November 1, 2001

byDanny NicolEditorPaul Craig

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The Law Lords in `Factortame' based their acceptance of the supremacy of European Community law on an 'entirely voluntary' surrender of sovereignty by Parliament. This interdisciplinary study tells the story, from the parliamentary perspective, of how Parliament's sovereignty came to be lost. It charts the evolution of MPs' constitutional understandings by analyzing the parliamentary debates on UK attempts to join the Community, the passage of the 1972 Act and the approval of subsequent Treaty revisions. The book's pervasive theme is the transformation from a UK constitution based onpolitics to one based increasingly on law. It assesses the extent to which MPs understood that EC membership entailed a shift in power from legislature to courts. This is a study with profound implications for the legitimacy of Parliament as a law-making body.The book also offers two comparisons. First the understandings of British MPs are contrasted with those of Irish parliamentarians, to establish whether Ireland's more law-based constitutional culture had an effect on politicians' understandings of EC implications. Secondly, the book analyses thehistory of the Bill of Rights debate culminating in the passage of the Human Rights Act 1998, to investigate whether (and why) themes of parliamentary sovereignty and judicial empowerment were clearer in this context than in the EC context.

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The Law Lords in `Factortame' based their acceptance of the supremacy of European Community law on an 'entirely voluntary' surrender of sovereignty by Parliament. This interdisciplinary study tells the story, from the parliamentary perspective, of how Parliament's sovereignty came to be lost. It charts the evolution of MPs' constituti...

Danny Nicol is Senior Lecturer in Law at London Guildhall University

other books by Danny Nicol

Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.87 inPublished:November 1, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019924779X

ISBN - 13:9780199247790

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Table of Contents

1. Introduction2. The First Two Attempts to Join the EEC3. The Heath White Paper and the Vote on Entry4. The Passage of the European Communities Bill 19725. The Irish Comparison6. From Accession to `Factortame'7. From `Factortame' to the Working Time Directive Case8. The Bill of Rights Comparison9. ConclusionBibliography

Editorial Reviews

`... this book is clearly written and makes a number of very interesting arguments. As a stimulus to debate, it would be a useful addition to the reading list of students studying domestic or EU constitutional law ... the chapter on "The Human Rights Comparison" is comprehensive in itscoverage of the debate concerning the enactment of the HRA, with particular reference to the impact of the experience of Community law ... this is a well researched and written book, with much to stimulate argument.'Nottingham Law Journal, Vol 11 (1), 2002