Sample Essay on:
Factortame Case, UK Parliament & EU Law

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Essay / Research Paper Abstract

A 5 page research paper that examine the Factortame case and its implications to UK sovereignty. Bibliography lists 4 sources.

Page Count:

5 pages (~225 words per page)

File: D0_khfacuk.rtf

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Unformatted sample text from the term paper:

Factortame case first came into prominence in the United Kingdom (UK) court system in 1988 (Factortame case). A Spanish fishing company called Factortame opposed restrictions that were imposed on the firm by the UK government via the Merchant Shipping Act of 1988, which contained a section prohibiting foreign ships, even those registered as UK vessels, from fishing in British waters (Factortame case). Factortame argued that they should be permitted to fish in British waters under the rules of the EEC, which soon became the European Union (EU) (Factortame case). In 1990, the case was referred to the European Court of Justice by the House of Lords, as the House of Lords ruled that they did not possess the power to suspend Acts of Parliament (Factortame case). However, in June of 1990, the European Court ruled that national courts do have the power to strike down laws that contravene EU law (Factortame case). Following this ruling, the House of Lord ruled in favor of Factortame, which, essentially, struck down the Merchant Fishing Act of 1988 (Factortame case). When Great Britain signed the Treaty of Rome in 1957, by taking this action the UK government placed European law above British law (Institutions of the EU). While the Treaty of Rome had no validity in and of itself, what the terms of this treaty were brought into the overall umbrella of British law by an Act of Parliament--the European Communities Act--in 1972 (Institutions of the EU). From this point on, the UK agreed that all domestic British law would have to be in agreement with EU law (Institutions of the EU). The first time that this stipulation resulted in a conflict was when the House of Lords used the 1972 Act to adjudicate the 1988 Merchant Shipping Act, in ...

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