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Judicial duty not to apply EU law

Abstract:

In several recent cases the Supreme Court has endorsed the idea that there are some general limits to incorporation of European Union law in the United Kingdom. The general limits stem from the Court’s interpretation of the European Communities Act 1972, the statute that grounds domestic effect of EU law, construed both in the light of ordinary canons of interpretation and in the light of fundamental principles. This raises the question what are the legal consequences when an EU measure viola...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Sweet and Maxwell Publisher's website
Journal:
Law Quarterly Review Journal website
Volume:
133
Issue:
Jul
Pages:
469-491
Publication date:
2017-07-01
Acceptance date:
2016-07-27
ISSN:
0023-933X
Pubs id:
pubs:652781
URN:
uri:b660b905-6088-4e06-ba51-c52f463ecc70
UUID:
uuid:b660b905-6088-4e06-ba51-c52f463ecc70
Local pid:
pubs:652781
Keywords:

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