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Supremacy of EU law over national law
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EC LAW ASSIGNMENT
Gary Slapper states ¡°that ever since the UK joined the European Community it has progressively, but effectively passed the the power to create laws which have effect in this country to the wider European institutions such¡±(Slapper`99 P.33) So in all practical terms the UK`s legislative, executive and judiciary¡¯s powers are in the main controlled by and operated within the framework of the European community laws. The increasing importance of Uk judges to consider the issues and principles of EC Law is clearly evident now as regards such issues as human rights and employment rights. National Judges must consider the practical realities that they must abide by EC rules regarding four areas of 1. Direct Applicability,2.Direct Effect and that3.EC Law following the case of Costa v Enel (1964) prevails over the national laws of each member state. Lastly 4. that in coming to a decision the National judge has the option to request a preliminary hearing under Art.177 from the European judiciary on a national legal dispute. It is these four areas that must be looked at in by the national judge when they are considering a case.
With the fact that regulations are directly applicable under Art.189EC to all member states and that the UK has adopted the Monist stance (i.e. Community Law automatically becomes UK law) then judges have little option in some areas of law, but to follow Ec laws/Treaties. This comes via the European Communities Act 1972(S.2) and is affirmed in Ec case law 34/73 Variola 1973.National judges must also consider that Ec directives are part of domestic law and thus have legal existence even before their confirmation into national law.
National judges must also consider that Ec Law regarding matters that come before the domestic courts is also Directly Effective (involving treaties) and it enforces rights and duties for Ec nationals, which can be enforced in domestic courts. This was established in the landmark case of Van Gend en Loos 1963.The National judge ¡°has to apply community law in the absence or in place of national law then a provision of such community law must to all intents and purposes be unconditional, clear and precise to form part of Uk law¡±. Kaczorowaska`98 P275 .The National judge has the ability to use discretion in the form and implementation procedure. Indeed with the concept of indirect horizontal direct then domestic judges are required to interpret their law in line with that of the community which basically emphasises the supremacy of Ec law as seen in Von Colson and Kaman 1984.
When the EC makes a law it is up to the individual state to implement the legislation. An example of EU law which has been passed which has been adopted in the UK is that of the directive 75/117 which states that men and women should receive equal pay. The UK government adopted this directive with the 1975 Sex discrimination Act.
an Act of Parliament, a court ruling or an EU law in comparison to the
Initially, Woodstock was simply going to be a concert for people to attend and enjoy, free of repression and the outside war zones. Unexpectedly, an estimated 500,000 people were at the gates waiting two days before the concert even started (Evans 65). Woodstock was not anticipated to have such an infinite amount of people, but once word spread about the serene music extravaganza, it would be impossible to miss out. The majority of the people attending, were present those three days to protest the gruesome effects caused by war. Many people wanted to revolt against the Vietnam War and racial tension vastly developing across the nation (64). Once the festival began, all of the attendees realized that they united for the same message of openness, peace, and cultural expression that could not be asserted anywhere else. “This new counterculture suggested a new model for an alternative society which many felt would be synthesized and expressed most completely at the three days of peace and music that was to be at the Woodstock festival” (14). Woodstock was no longer solely for entertainment, but transformed into a defining moment when American youth and music had the power to influence the way the nation and the world was
Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
Many kids get angry at these games when they lose and can take it out on others. These games are promoting these kids to have more violent urges. Jill Adams, the author of “Effects of Violent Video Games”, states:
Violent video games are undoubtedly a legalized drug to children and teens, numbing their thoughts and reprogramming their minds. Like a drug, it desensitizes them, and makes them more prone to violence. This idea of violent video games was not a phenomenon until the later 20th century, and evolved from racing into enemies, to free-for-all drug abuse and sexual/physical violence that most youth know and play today. These games have a detrimental impact on teens, making them eat more, become more aggressive, and wash away their morality. Although some may try to argue with reality, countering that its helps them socially, similar to the idea of teens taking drugs, violent video games reduce their overall health and need to be taken care of.
Video games are one of the most addictive things in the world. Researchers said that more than 1.2 billion people are playing games worldwide whatever genre is. Many people buy it to have fun with friends, other people buy it for themselves, and others just buy it because they don’t have nothing to do at home. What many people concern about is whether or not kids should play video games. In my opinion, I believe that video games can make kids more violent for three main factors.
Video games have evolved tremendously since they were released in the early 50’s. The 2D ping pong has evolved into 3D virtual realities that immerse us into another world. There are different genres of games, but the one we’re going to focus on is the action genre. These games are known for their violent content and graphic nature. These games promote harming other individuals to beat the game. Violent video games influence people to behave violently, desensitizes people to violence and makes them see the world as a violent place, and it causes people to act aggressively when interacting with others.
As Craig and De Burca state, 'at the time of the Lisbon Treaty, however, the UK and Poland negotiated a protocol which purports to limit the impact of the Charter in those states.’ . The UK first expressed a desire under protocol 7 which exempts them from being legally bound by the rights outlined in the Charter, they were quickly followed by Poland who also expressed a wish to join protocol 7. The protocol contained two articles which stated that ' The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms ' and ' To the extent that a provision of the Charter refers to national laws and principles, it shall only apply to Poland or the United Kingdom to the extent that the rights or principle that it contains are recognized in the law or practices of Poland or of the United Kingdom. ' However, many argue that regardless of what is outlined in the two articles there is still the question of whether or not the protocol has anything more than declaratory effect. As Craig and de Burca state, 'Article 1 declares that it 'does not extend ' the ability of the CJEU to review national measures for the compatibility of fundamental rights. ' however, we already know that in many cases the Charter influenced judgments of the CJEU before it was made legally
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
Other people may argue that violent video games do not affect people’s behavior at all. Cheryl Olson, Lawrence Kutner, and Dorothy Warner said that “Playing violent video games reduces violence in teenage boys by replacing rough housing. Playing violent video games allows teenage boys show their anger and create peace with his friends without anyone getting hurt”. This quote is significant because it shows how violent video games can have a good outcome on the youth. Also violent video game is a good anger reliever because it takes out a lot of anger out. Cheryl Olson and various contributors said that “Playing violent games provides a safe channel for aggressive and mad feelings. A 2007 study reported that 45% of boys played video games because “it helps me get my anger out” and 62% played because it “helps me relax””. However this is a bad habit to give to children which is substituting something bad to a little less bad. Dave Grossman and Gloria DE Gaetano said “Violent video games cause the person to experience happiness and pleasure when causing someone else pain”. If children get use to causing pain up to the point where they feel pleasure for causing it, how do you think they will act in their future? Certainly not in a positive way and t...
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
Research is the key to finding the proper information in explaining why some teenagers turn to violence to deal with their problems. Hundreds of studies have been done on violent video games and their effects of teenagers playing them. The results are very conflicting. The majority of the research that has been done on this subject is on single player games and takes place in a controlled environment. The environment that teenagers live in today is far from controlled. And over half of the video games played today are played by two or more players in a social forum. The largest link to violent video game players that has been found to date is increased aggression. And increased aggression is not violence. The definition of aggression in many of these studies is also vague. But whatever the definition is, it is not a definition of violent acts. To show that a person will punish someone more heavily after playing a violent video game does not prove a violent act will come from this person. To show that a violent video game will cause an increase in heart rate and decrease in empathy is als...
With fast growing technology has made video games better. It has created a getaway place where one can role play and forget about the reality. But as video games become more popular it also becomes more and more violent. Playing hours of violent video games so impact the mind and behavior of young teens and children. Violent video games can cause aggressive behavior in children and teens. Children and young teens play hour of violent video games learn to be more violent and more demanding. They also seem too distant themselves form others and to be in their own world. This can cause interference with reality, being confused between the virtual world and