Parliament Supremacy

Article 267 Reference

Article 267 TFEU allows the national courts to make a reference to the European Court of Justice on matters of EU law that are unclear. The ECJ is not an appeals court and will not judge the whole case. They will only answer the questions on EU law that the national court askes. Due to EU law being Supreme (Costa v ENEL), it is important for the national courts to interpret law properly to prevent injustices. (more…)

Parlimentry Supremacy/Sovereignty

Parliamentary sovereignty is one of the key and most controversial of the UK Constitutional principles. It started after the Bill of Rights 1689, where Parliament took the remaining powers of the Monarch. Since this was never written down in a constitutional code, the UK Parliament took unlimited powers of law making, just as the Monarch had before the Magna Carta 1215, only this time, they were elected officials. (more…)