"UK courts and the reception of European Community law"

Harmsen, Robert and Anthony, Gordon. (1997) "UK courts and the reception of European Community law". In: UNSPECIFIED, Seattle, WA. (Unpublished)

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Abstract

The paper examines the reception of European Community law by courts in the United Kingdom. It is concerned to gauge both the 'direct' and the 'indirect' impact of EC norms on the domestic system of public law. As regards direct impact, the paper surveys the adaptations which have been necessitated in order to ensure that the United Kingdom is able to discharge its obligations under the EC Treaties. With respect to indirect impact, the paper chronicles instances in which changes initially prompted by the accommodation of EC norms have subsequently 'spilled over' into purely domestic practice. The first section of the paper deals with adaptations in the realm of constitutional law. Attention is focused on the gradual reformulation of the doctrine of 'parliamentary sovereignty' by UK courts, in a manner which has successfully accommodated the 'supremacy' of European Community law. There is further seen to be a considerable potential 'spill-over' in this area, insofar as the implementation of major proposed constitutional changes (such as the incorporation of the European Convention on Human Rights) may draw on the courts' experience in dealing with EC law. The second section of the paper is concerned with administrative law issues. The discussion focuses on changes necessitated in the domestic regime of public law remedies, as well as the 'importation' of the doctrine of 'proportionality.' There is further a consideration of both actual and potential instances of 'spill-over.' It emerges that, to date, 'European' practices have tended to 'spill over' into the purely domestic realm where they can be seen to offer a higher standard of protection for individual rights.

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