Professor Duggan

StevieJ

I posted this video earlier to give people an insight into the EU Post-Remain and Post Brexit. It is still worth a watch probably more so now. If you wish to understand the current situation, it doesn't get better than this.

https://www.youtube.com/watch?v=USTypBKEd8Y

Transcript: https://news.liverpool.ac.uk/2016/06/22/transcript-professor-michael-dougan-eu-referendum/

He did not address immigration but has since had this to say about that.
https://news.liverpool.ac.uk/2016/06/20/eu-law-expert-responds-industrial-dishonesty-video-goes-viral/

StevieJ

This guy will probably be the 'go to' guy for the govt in attempting to create some order from this Brexit mess. Needless to say he has had plenty on online abuse from the Brexit nutters :eek:
http://www.legalcheek.com/2016/06/university-of-liverpool-eu-law-lecturers-incredible-out-of-office-email-response-to-bremain-haters/

TrickyTree83

I got as far as

"Is parliament our supreme legislative authority? Yes."

And it lost credibility for me. It's quite clear that is untrue.

StevieJ

TrickyTree83 wrote: »

I got as far as

"Is parliament our supreme legislative authority? Yes."

And it lost credibility for me. It's quite clear that is untrue.

If the UK courts sometimes give priority to EU law in the event of a conflict with domestic law, it is purely because our parliament has expressly instructed them to do so in our own legislation.

HiToAll

TrickyTree83 wrote: »

I got as far as

"Is parliament our supreme legislative authority? Yes."

And it lost credibility for me. It's quite clear that is untrue.

let me guess, you voted leave to 'take back control' of something or other.

TrickyTree83

Pair of you need to look at the European Court of Justice and what their rulings do to our parliamentary legislation.

It is very true that the ECJ has supremacy.

chucknorris

TrickyTree83 wrote: »

Pair of you need to look at the European Court of Justice and what their rulings do to our parliamentary legislation.

It is very true that the ECJ has supremacy.

https://www.parliament.uk/about/how/role/sovereignty/

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. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.

Parliamentary sovereignty and the UK constitution

People often refer to the UK having an 'unwritten constitution' but that's not strictly true. It may not exist in a single text, like in the USA or Germany, but large parts of it are written down, much of it in the laws passed in Parliament - known as statute law.

Therefore, the UK constitution is often described as 'partly written and wholly uncodified'. (Uncodified means that the UK does not have a single, written constitution.)

Developments affecting Parliamentary sovereignty

Over the years, Parliament has passed laws that limit the application of parliamentary sovereignty. These laws reflect political developments both within and outside the UK.

They include:

The devolution of power to bodies like the Scottish Parliament and Welsh Assembly.
The Human Rights Act 1998.
The UK's entry to the European Union in 1973.
The decision to establish a UK Supreme Court in 2009, which ends the House of Lords function as the UK's final court of appeal.
These developments do not fundamentally undermine the principle of parliamentary sovereignty, since, in theory at least, Parliament could repeal any of the laws implementing these changes.

TrickyTree83

chucknorris wrote: »

https://www.parliament.uk/about/how/role/sovereignty/

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. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.

Parliamentary sovereignty and the UK constitution

People often refer to the UK having an 'unwritten constitution' but that's not strictly true. It may not exist in a single text, like in the USA or Germany, but large parts of it are written down, much of it in the laws passed in Parliament - known as statute law.

Therefore, the UK constitution is often described as 'partly written and wholly uncodified'. (Uncodified means that the UK does not have a single, written constitution.)

Developments affecting Parliamentary sovereignty

Over the years, Parliament has passed laws that limit the application of parliamentary sovereignty. These laws reflect political developments both within and outside the UK.

They include:

The devolution of power to bodies like the Scottish Parliament and Welsh Assembly.
The Human Rights Act 1998.
The UK's entry to the European Union in 1973.
The decision to establish a UK Supreme Court in 2009, which ends the House of Lords function as the UK's final court of appeal.
These developments do not fundamentally undermine the principle of parliamentary sovereignty, since, in theory at least, Parliament could repeal any of the laws implementing these changes.

Yep, cool, great.

Repeal the European Communities Act and the ECJ is no longer the supreme court in the land and the EU Commission is no longer the supreme legislature in the land.

You cannot remain in the EU and not follow the regulations and directives handed down from it, nor ignore the rulings by the ECJ, can you?

If you can ignore it and get away with it why on earth did we have a referendum on leaving, we should have just said we're going to ignore all the rules we don't like.

chucknorris

TrickyTree83 wrote: »

Yep, cool, great.

Repeal the European Communities Act and the ECJ is no longer the supreme court in the land and the EU Commission is no longer the supreme legislature in the land.

You cannot remain in the EU and not follow the regulations and directives handed down from it, nor ignore the rulings by the ECJ, can you?

If you can ignore it and get away with it why on earth did we have a referendum on leaving, we should have just said we're going to ignore all the rules we don't like.

Opinion seems to be divided as to who has supreme legal authority, Professor Duggan and Parliament seem to think that Parliament has, but TrickyTree83 thinks otherwise, I wonder which side carries more weight in terms of expert opinion.

HiToAll

chucknorris wrote: »

Opinion seems to be divided as to who has supreme legal authority, Professor Duggan and Parliament seem to think that Parliament has, but TrickyTree83 thinks otherwise, I wonder which side carries more weight in terms of expert opinion.

I dont know ask Gove whether he listens to people who know what they are talking about, or 'others'.

TrickyTree83

If you're not going to address the points I made there's not much point in continuing any discussion on it.

I agree completely we can repeal that legislation. But whilst that legislation is active we cede those powers of supremacy in areas of government responsibility. The only course of action parliament can take to gain spremacy in all areas of government is to repeal that act.