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The law of the EC has had an effect on our domestic courts and case law (precedent). ...
It is thus likely that if the issue causing uncertainty before the County Court judge in Lily’s case is the law of the EC being contrary to a binding precedent of English law, the judge may ignore it and base the decision on the Community law. ... 177, the Court does not interpret national law but merely decides and delivers a general interpretation of community law as it applies to the case referred. ... the branch of government entrusted with carrying the laws into effect,
and the Judiciary; i. ...
In Shaw v DPP (1962), for example, the House of lords declared that the common law included a doctrine known as conspiracy to corrupt public morals, although no precedents were cited demonstrating that it had ever existed. ... As Calvert states, ‘before the formally dramatic part of the legislative process even begins almost all the terms of almost all (government) bills are settled’ (British Constitutional Law (1985)). ... In Contrast, it is clear that the UK judiciary will refuse to hold legislation enacted by Parliament to be invalid (as a matter of English as opposed to Community law) as demonstrated in Pickin v British Railways Board (1974), although it did show itself willing, in R (1991), to ignore a word used in an Act of Parliament.
Approximate Word count = 931
Approximate Pages = 3.7
(250 words per page double spaced)
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