Exam (elaborations)
Exam (elaborations) Public Law (M100)
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918624Part A
In this essay I will talk about the European Communities Act 1972, Parliamentary
Sovereignty and Brexit which will be part A, and with these I will talk about some
court cases that are involved with them. And in Part B, I will answer the
question ...the courts can ensure that decisions made by public authorities conform
to the law and that standards of fair procedures are observed. With this I will discuss
it by using light judicial review. I will also talk about human rights and how they are
mixed in with this and I will also talk about obligations, derogations and restricting
rights as this mixes in with the parts of Part B. Both parts i will also add in relevant
references about what i am talking about and will also explain these thoroughly.
The 1972 European Communities Act is, according to (Institute for Government,
24 February 2020, Date Accessed 20 April 2021) “The European Communities
Act 1972 was the piece of legislation that brought the UK into the Europe
Union: it gives EU law supremacy over UK national law.” Since this has brought
the United Kingdom into the European Union, it would have to mean that it does not
exist anymore because of Brexit, which is that the United Kingdom has now left the
European Union. So this would have to mean that the Act would have to change for
them. When the United Kingdom was part of the European Union though this meant
that a very large part of the European Law that was effective within the United
Kingdom had to rely on the European Communities Act 1972.
The European Communities Act has been repealed and this was done on the 31st
January 2020 by the European Union Withdrawal Act 2018. The main effects from
this are according to (Legislation, 14 March 2020, Date Accessed 20 April 2021)
“Are to reflect the end of supremacy of EU law in domestic law and to remove
the mechanism which enabled the flow of new EU law into UK law.” So from
this was to help the new European Law that came from the european communities
act being repealed to help with the law within the United Kingdom flow better since
they are no longer part of the European Union (Brexit). Since they are no longer part
of the European Union this has created a problem within the market as places that
are still in the European Union have decided to raise their prices for food that gets
shipped over to the United Kingdom. A case that was similar to this was R (Miller &
, 918624
anor) v Secretary of State for Exiting the European Union [2017], according to
(in house lawyer, 27 May 2017, Date Accessed 20 April 2021) “The basis of the
argument derives from the nature of the British constitution and the rule of
law, which requires there to be a separation of powers between the legislature
(Parliament), judiciary (courts) and the executive (the government of the day).”
With this court case it is a part of what is going on with brexit as it is talking about the
separation of powers and how much this is involved within parliament of how they
are mostly in charge of everything that goes on with the United Kingdom since it is
not up to the Queen but it is the Prime Minister as she has no say in what happens.
You could argue that she should be more involved in making decisions about the
United Kingdom since she is the one ruling the country. The Queen does get told
what is going to happen before the public but cannot change the decision that
parliament has made. According to (History, 17 November 2020, Date Accessed
21 April 2021) “As the nominal leader of the United Kingdom since 1952—
making her the country's longest-serving monarch—her influence is felt the
world over. But despite that enormous influence, the Queen holds no real
power in British government.” She should be able to have some sort of influence
within the government so that the public knows that she is still needed within the
country, because then it seems that we don’t really need her if she doesn’t have
much influence with the government and that is what is more focused on now in the
United Kingdom.
Parliamentary Sovereignty is also known as Legislative Supremacy or Parliamentary
Supremacy, according to (Parliament, 7 October 2018, Date Accessed 21 April
2021) “Parliamentary sovereignty is a principle of the UK constitution. It makes
Parliament the supreme legal authority in the UK, which can create or end any
law.” This means that Parliament is at the top of the pyramid of what laws can be
created and what laws can be taken away, this has been used quite a lot now since
coronavirus has started since Boris Johnston (The Prime Minister of the United
Kingdom) has had to implement new laws and take them away, which includes the
rule of how many people can meet up inside and outside, what shops, restaurants
can open, and that you have to wear a mask when your inside somewhere and that
you also have to social distance outside. So with these laws Parliament will change
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