Texas Law Review Archives
 

Volume 53
1974-1975

Issue Number 5

Comment:
H. Ronald Welsh, European Economic Community Law versus United Kingdom Law: A Doctrinal Dilemma, 53 Texas L. Rev. 1032 (1975).
 

Abstract:
After renegotiating the terms of Britain’s membership in the European Economic Community, a question arises whether EEC or parliamentary law is supreme. While some commentators lauded the new Community law primacy, others revived the ancient doctrine of parliamentary supremacy—that Parliament could enact, amend or repeal any legislation it wished and would always reign superior, even over earlier Parliaments. The collision between Community primacy and parliamentary supremacy has obfuscated judicial standards and impedes the growth of the certainty and predictability of law that are vital to a modern trading nation. In response to the current floundering, academicians have proffered various alternatives designed to reconcile the competing claims to omnipotence. Both the referendum on continued British membership and recent British litigation should further sharpen the debate.

 




 







 


 

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