The sources of the English Legal System in the order of their constitutional importance?

Topics: United Kingdom, European Union, European Economic Community Pages: 3 (921 words) Published: February 25, 2014
In the English Legal System the main sources that I am going to overview in terms of constitutional importance are European Union, Parliament and Courts. The European Union (EU) was created in 1957 in creating economic and political union. The UK joined in 1973, it was European Economic Community until 1992 Maastricht Treaty it changed to European Community to emphasize it wasn’t just about economics. Today there are 27 member countries. EU law has direct effect which means law becomes part of each member domestic law. For instance, Treaties. Along as head of government sign the Treaties it automatically becomes part of English law. When the UK joined it had to pass European Communities Act 1972 Section 2(1) which states “All such rights, powers, liabilities, obligations and restriction from time to time created or arising by or under the Treaties and all such remedies and procedures from time to time provided for by or under the Treaties, are without further enactment to be given legal effect or used in the United Kingdom, shall be recognized and available in law.” This demonstrates EU law is a source of UK law as it is automatically enforced. Individuals rely on it, McCarthy’s v Smith (1980). Wendy Smith was paid less than ex male worker for the same job, because both workers were not employed at the same time, English law was not in breach, however according to Treaty of Rome, Article 141 she was able to claim over equal pay for men and women. Treaties are implemented straight away. Regulation and Directives are also examples. Regulations “intend to impose uniformity of law throughout the community.” This means UK cannot pick and choose what to implement so law is automatically part of UK law. As Treaty of Rome, Article 249 states: “Binding in every respect and directly applicable in each Member state” Directives ‘bind any member state to which they are addressed as to the result to be achieved, while leaving to domestic agencies as to form and means.”...
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