Part B Explain the meaning of parliamentary sovereignty Acts passed by Parliament are the highest form of domestic law

in the UK . They lay down the rights as well as restrictions of UK citizens. The UK entered into the European Community and signed the Treaty of Rome (1957) in 1973. Parliament also passed the European Communities Act 1972 to give effect to the treaties. S2 (1) states that the treaties have legal effect on domestic law and is given immediate effect. This meant that UK Law, delegated legislation, and precedent must favour EU Law. Treaties are the highest form of European Law and have to be signed by the head of each member state. This is an obligation which all members must abide by and has direct effect on the laws of all members. Parliaments Acts had always been superior and in cases involving conflicts of Acts, the later would always apply and repeal earlier Acts even if not clearly stated. This was exercised in the case of British railways V Pickin in 1974. It was held that the British Railways Act 1968 repealed an 1845 Act regarding the transfer of abandoned railway lines. However the treaties have not always been exercised in the UK Courts until the historical case of R V Secretary of State V Ex Parte Factortame in 1990. This involved fishing restrictions which breached the free movement of capital, breaching EU Law. The House of Lords explicitly refused to apply and thus suspended Parliaments Act rendering it ineffective. Prior to this event, the case of Marshall V S and SW Hampshire Area health Authority in 1986 involved a 60 year old women being dismissed under Parliaments Act. Unfortunately she had to appeal in order for a referral under Article 234 of the TO Rome to have the matter resolved. This shows that Judges were not quick to incorporate EU Law into the UK though it had been the purpose of the European Communities Act. Although her case could have been appealed under the Sex discrimination Act passed in 1975, prior to her dismissal. It is not only the UK, other member states have to enforce EU Law upon their countries as seen in the case of Van Gend Loos in 1963. This confirmed that EU Law binds members too. Lord Diceys view had always been that Parliament could not be changed no challenged however to has been gradually eroded since entering the European Union. S.2(4) states that new Laws passed must also comply with Eu Law and Judges must interpret in a way which complies with such. This has had a large effect on Parliaments existing and future Laws. Parliament has remained supreme to a certain extent. EU laws have befitted people and allowed greater justice in areas for example sex discrimination laws and the recent ruling meaning that insurers can no longer discriminate male and female drivers. On the whole it has had a more positive effect on our Laws and Judges being more open with applying them, will provide citizens with greater rights. It may have a negative effect on our legal precedent which brings uncertainty to case law if there is any conflict. Domestic law has definitely been compromised to a certain extent as the above cases show, however many would argue that it is for the better.