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Chapter

Cover Learning Legal Rules

10. Retained EU Law and Legal Method  

Since 1973, the English legal system has been radically affected by what is now called ‘EU law’. Following the Brexit referendum the UK has now left the EU but there remains a legacy of nearly fifty years of EU-related legislation and case law to contend with. The solution has been to keep a large amount of that EU-derived law, termed ‘Retained Law’, as if it had been created by our Parliament and courts in the first place. The mechanism for dealing with how that has been achieved, and the implication for the future, is discussed here.

Chapter

Cover Public Law

5. Parliamentary sovereignty, the European Union, and Brexit  

This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.

Chapter

Cover Wade & Forsyth's Administrative Law

6. The European Union  

Sir William Wade, Christopher Forsyth, and Julian Ghosh

This chapter discusses the legal framework of the EU, and the interaction between European law and British constitutional and administrative law. In particular, it considers the post-Brexit UK regime, retained EU law and the EU–UK Trade and Cooperation Agreement.

Chapter

Cover Public Law Concentrate

2. Sources of constitutional law and constitutional conventions  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU retained and converted law, and the European Convention on Human Rights and Fundamental Freedoms. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.

Chapter

Cover Intellectual Property Law

1. Introduction  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This introduction provides an overview of topics covered in this book which relate to all areas of intellectual property law, including the justifications that have been put forward for granting intellectual property rights. It also considers the key international and regional developments that have influenced intellectual property law in the UK, such as the creation of the World Intellectual Property Organisation (WIPO), the Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations, and European Union law. The chapter also discusses the extent to which retained European Union law continues to be significant in relation to intellectual property law, including the UK-EU Trade and Cooperation Agreement and other Free Trade Agreements.

Chapter

Cover Cases and Materials on Constitutional and Administrative Law

2. The Legislative Sovereignty of Parliament  

This chapter deals with the doctrine of the legislative sovereignty of Parliament. First, the nature of parliamentary sovereignty is considered. Next, the question of whether Parliament can limit the powers of its successors is explored, addressing possible substantive and procedural limits on legislative sovereignty. The chapter then assesses a range of modern challenges to parliamentary sovereignty: those posed by membership of and exit from the EU (including the process and impact of Brexit), human rights, the decision of the House of Lords in Jackson, common law rights and principles, and referendums.

Chapter

Cover Company Law

4. Promoters and pre-incorporation contracts  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on one area where the motives of ‘promoters’ (that is, those who form a company) are relevant to the legal aspects of certain activities carried out in the company’s name, especially when they enter into contracts for the company prior to its formal registration. After defining the term ‘promoter’, the chapter discusses the fiduciary duties of promoters and the range of remedies available to the company against a promoter who breaches his fiduciary duties. It then considers problems involving contracts entered into prior to incorporation and the common law position on such contracts. It also explains pre-incorporation contracts, deeds, and obligations under s 51 of the Companies Act 2006 before concluding with an analysis of the issue of Brexit and its impact on corporate mobility.

Chapter

Cover Public Law Directions

5. Brexit  

This chapter discusses UK membership of the European Union and the Brexit process. On 1 January 1973, the UK became a member of the European Economic Community, and the UK Parliament passed the European Communities Act 1972, allowing directly applicable European laws to take effect as part of UK domestic law which had an impact on parliamentary sovereignty. In the 2016 Brexit referendum, a narrow majority of the public voted in favour of leaving the European Union and the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 on exit day when the UK left the European Union. Brexit has made significant changes to the UK constitution including the creation of a new body of retained EU law in UK domestic law, an impact on devolution, and raising the question of whether it has been a sufficient constitutional moment to trigger a codified UK constitution.