Public Law-Process of the Uk Legislative Systems

The European Union which consists of twenty-seven member states is currently reflective of an integrated and unified European . The United Kingdom joined the Union in 1973 thereby binding itself to the various treaties under the European Union . The important bodies and institutions within the European Unions are made up of , the Council of the European , the European Commission , The European Court of Justice the European Parliament and the European Central Bank

The European Parliament conducts elections every five years and all EU citizens participate . Despite the free and open elections there has

br been general concern regarding the loss of parliamentary sovereignty and the UK court 's submission to the jurisdiction of the European Court 's authority . The European leaders while meeting in Laeken Belgium on December 14 , 2001 declared that the European Union 'stands at a crossroads , facing twin challenges , one within and the other beyond its bs .European institutions must be brought closer to its citizens beyond its bs , the Union is confronted with a fast changing globalised world

The greatest impact of the UK 's accession to the European Union however is what appears to be a surrender of its parliamentary sovereignty and judicial independence . A review of the current and previous practice of the UK courts seem to suggest that the judiciary may have become accustomed to playing a submissive role in the legal framework by merely interpreting and applying the law as enacted by parliament . Since joining the European Union , the judiciary 's position remains essentially the same

The United Kingdom , by virtue of The European Community Act 1972 indorsed European Law . Section 2 of the European Community Act reads as follows :- `All such rights , powers , liabilities , obligations and restrictions from time to time created or arising under the Treaties and all such remedies and procedures from time to time provided for by or under the Treaties , as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law , and be enforced , allowed and followed accordingly and the expression 'enforceable Community right and similar expressions shall be read as referring to one to which this subsection applies

The application of the European Community Act 1972 presented the British judiciary with a new challenge with respect to the interpretation of statutes . Traditionally , UK judges utilize three tools for the interpretation of Statutes . They are the Literary rule , the Golden rule and the Mischief rule with the Literary rule operating as a lead-in . By virtue of the literal rule , judges take a literal interpretation of the words used in the specific statutory provision . Difficulties arise when the legislation can have more than one interpretation . Generally , the courts will adapt the literal rule first , often guided by safeguards such as found in the words of Denning LJ who said that `we sit here to find out the intention of parliament and the ministers and to carry it out , and we do this...