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(p. 74) 4. Europe and the English legal system 

(p. 74) 4. Europe and the English legal system
Chapter:
(p. 74) 4. Europe and the English legal system
Author(s):

Lee Roach

DOI:
10.1093/he/9780198748380.003.0004
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date: 23 April 2021

This chapter examines the two principal European sources of law (namely EU Law and the European Convention on Human Rights) and their effect upon the UK’s legal system. It notes the institutions that form the EU and the differing forms of EU law. The effects of EU membership upon parliamentary sovereignty are discussed, noting that EU law has taken precedence over domestic law since 1973, so an Act of Parliament may be suspended by the courts if it fails to comply with EU law. The chapter then discusses the European Convention on Human Rights and the rights protected under it. Finally, the chapter discusses the domestic enforcement of the Convention by discussing in detail the provisions of the Human Rights Act 1998.

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