How does indirect and direct effect of EC law affect the UK constitution.?

Answer 1

First of all, of course the Uk has a constitution its one of the oldest examples of a Liberal Demorcratic Systems of Government in the modern world having been established for over 400 yrs since the Case of Proclomations 1610 when power to make law was taken away from James 1st. The reason that most people think the UK does not have a constitution is because we dont have a codified constitution like the US. THEY ARE WRONG!!!!!!

To answer your question i will break it down as simply as possible.

The European Communities Act 1972 was the act of assesion into the EU of the UK Section one stated that from that point on all primary sources of EU law would take effect within the UK plus all secondry sources of EU law the effect of the 1972 act was to limit the sovreignty of Parliament as the supreme law making body as well as dilute UK as an independant soverign state. It also states that all national laws will be interpreted as being compatible with EU law. (prior to Royal assent all new peices of legeslation recieve a certificate of compatibility)

Primary EU law comes from the treaties of the EU like the Treaties of rome 1957

Secondary sources come from the European Commission (created by the treaties of rome and endorsed by the ECJ) secondary source of EU law comes in two main forms

1.Regulations are EU law that need no further member state legislation and as such are of Direct effect (directly effective within all 25 member states from the date of publication)

2. Directives require member states to adopt compatible domestic legislation within a perscribed time limit in order to give effect to the aims of the Directive this is said to Indirect effect.
However once the time limit stated by the Directive has passed any rights or obligations created by the Directive will become directly effective.

Hope this helps

Answer 2

The UK does not have a constitution. It is governed by laws made by Parliament and interpreted by judges; in that way the Government can basically get away with anything (unlike in the US where the courts can rule things against the Constitution). The only checks on Government power here are international treaties that we are signed up to (e.g. the European Convention on Human Rights).

Answer 3

i hate answering a question with a question but here goes!
if ec law is the uk constitution, how can it not affect it?

Answer 4

UK is a country instituted without constitution.