Constitutional Law and European Integration

There are few cases that rival Factortame in being concurrently substantively clear and decisive, and perplexing as to its full impact. The scope of the change to the UK constitution that has been instigated by it and other European Court of Justice decisions has been conceptualised as ranging from a ‘legal evolution’ to ‘revolution’. Although some theories are more convincing than others, each faces its own weaknesses. However, notwithstanding the conclusion of this particular speculative debate, the processes of European integration has undoubtedly quickened the pace at which UK Parliament and courts as part of a globalised world have had to squarely confront these constitutional changes, especially the departure from Parliament’s stronghold over the constitution. A Diceyan view of the UK constitution is no longer compatible with the current relationship between UK and EU law. It was decided in Factortame and confirmed in Equal Opportunities Commission, that the implications of the European Communities Act 1972 s.2(4) is that EU law has supremacy in the case of clashes between EU and national laws. Within the orthodox view that Parliament is absolutely sovereign, inconsistencies between Acts of Parliament are to be dealt with by applying the doctrine of explicit or implied repeal to give effect to the later Act which is simply another illustration of how no Parliament can bind its successors. It would never have been open to national courts to declare provisions within primary statute incompatible with EC law either temporarily or permanently as it is today. However, so long as UK remains a part of the EU, EU law will prevail when inconsistencies arise and any derogation from this position will have to be done expressly and unequivocally. Therefore, even if the current position of Parliamentary sovereignty cannot clearly be defined, Factortame and EOC alone emphasise the unworkability of a Diceyan view of Parliamentary sovereignty in an European context. A