23. p. 836European Union Law in the United Kingdom Courts
- Andrew Le Sueur, Andrew Le SueurProfessor of Constitutional Justice, University of Essex
- Maurice SunkinMaurice SunkinProfessor of Public Law and Socio-Legal Studies, University of Essex
- and Jo Eric Khushal MurkensJo Eric Khushal MurkensAssociate Professor of Law, London School of Economics and Political Science
Abstract
This chapter discusses the reception of Community (now EU law) in the UK courts, and in particular how UK courts reconciled the doctrine of supremacy with the doctrine of parliamentary sovereignty. The chapter will examine three ways in which the UK courts have attempted to reconcile these competing doctrines: by constructing national law in light of EU law; by disapplying conflicting national law; and by reasserting national sovereignty and threatening not to apply EU law automatically. Finally, the chapter will briefly re-visit the case of Miller in order to evaluate that case in light of earlier cases on the relationship between UK and EU law.
