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EC Membership and the Judicialization of British Politics Danny Nicol (, Senior Lecturer in Law, Guildhall University)

EC Membership and the Judicialization of British Politics By Danny Nicol (, Senior Lecturer in Law, Guildhall University)

EC Membership and the Judicialization of British Politics by Danny Nicol (, Senior Lecturer in Law, Guildhall University)


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Summary

The Law Lords have attributed the supremacy of European Community law in Britain to Parliament's 'entirely voluntary' surrender of sovereignty. This study tells the parliamentary story of how sovereignty came to be lost. It charts the evolution of MPs' constitutional understandings of EC membership and the transformation from a constitution based on politics to one based on law.

EC Membership and the Judicialization of British Politics Summary

EC Membership and the Judicialization of British Politics by Danny Nicol (, Senior Lecturer in Law, Guildhall University)

The Law Lords in `Factortame' based their acceptance of the supremacy of European Community law on an 'entirely voluntary' surrender of sovereignty by Parliament. This interdisciplinary study tells the story, from the parliamentary perspective, of how Parliament's sovereignty came to be lost. It charts the evolution of MPs' constitutional understandings by analyzing the parliamentary debates on UK attempts to join the Community, the passage of the 1972 Act and the approval of subsequent Treaty revisions. The book's pervasive theme is the transformation from a UK constitution based on politics to one based increasingly on law. It assesses the extent to which MPs understood that EC membership entailed a shift in power from legislature to courts. This is a study with profound implications for the legitimacy of Parliament as a law-making body. The book also offers two comparisons. First the understandings of British MPs are contrasted with those of Irish parliamentarians, to establish whether Ireland's more law-based constitutional culture had an effect on politicians' understandings of EC implications. Secondly, the book analyses the history of the Bill of Rights debate culminating in the passage of the Human Rights Act 1998, to investigate whether (and why) themes of parliamentary sovereignty and judicial empowerment were clearer in this context than in the EC context.

EC Membership and the Judicialization of British Politics Reviews

... fascinating book ... provides a refreshingly new perspective ... this is a highly readable and very useful book, which is accessible to EU and public law specialists alike, as well as to students. * Modern Law Review *

About Danny Nicol (, Senior Lecturer in Law, Guildhall University)

Danny Nicol is Senior Lecturer in Law at London Guildhall University

Table of Contents

1. Introduction ; 2. The First Two Attempts to Join the EEC ; 3. The Heath White Paper and the Vote on Entry ; 4. The Passage of the European Communities Bill 1972 ; 5. The Irish Comparison ; 6. From Accession to 'Factortame' ; 7. From 'Factortame' to the Working Time Directive Case ; 8. The Bill of Rights Comparison ; 9. Conclusion ; Bibliography

Additional information

NPB9780199247790
9780199247790
019924779X
EC Membership and the Judicialization of British Politics by Danny Nicol (, Senior Lecturer in Law, Guildhall University)
New
Hardback
Oxford University Press
2001-12-20
304
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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