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.