case law

Case Law

Membership of United Kingdom with European Communities intended that the Community Law becomes valid in the United Kingdom which affected the legal system of the country plus the English law system . In 1972 , the European Communities Act offered that from January 1973 , UK would apply new sources of the legal system including the treaties of the European Communities (Primary Laws ) and rules made by the EEC (Secondary Laws The law compromises all the areas in which European Community is concerned such as fishing , rivalry , organizations , education and health (Gerry O

'Reilly , 2000

1 1 .1 Primary Law

According to British structure , the government constitution is independent which means that the law generated by the European government gives priority over the laws generated by other sources However , there are four factors that affect the legislative system of the United Kingdom : 1 ) The authority of European government is the highest which means that only government can make new laws , 2 ) there is no limit for European government on any legislate matter , 3 ) the courts of United Kingdom cannot restrict laws developed by the legislature and lastly 4 ) no legislative system can unite with the European legislative system . Hence , only European legislative can make or cancel laws for the courts

However , the most important and primary European law that affects directly on United Kingdom is the Treaty of Rome which was established in 1957 . Though , the Treaty of Rome represents a number of constitutional problems but it is the superior from...