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EC Membership and the Judicialization of British Politics$
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Danny Nicol

Print publication date: 2001

Print ISBN-13: 9780199247790

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199247790.001.0001

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Factortame, EOC, and Maastricht

Factortame, EOC, and Maastricht

Chapter:
(p.178) 7 Factortame, EOC, and Maastricht
Source:
EC Membership and the Judicialization of British Politics
Author(s):

Danny Nicol

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247790.003.0007

This chapter examines the interplay between courts and parliamentarians from the late 1980s until United Kingdom v Council and the Working Time Directive case in November 1996. It analyses the judicial reasoning in these landmark decisions along with academic critiques. The judgments before all the national cases are examined to dissect what was being said at each level about the sovereignty of Parliament in the context of Community membership, with a view to assessing the evolution of legal thinking. The chapter concentrates on parliamentary sovereignty and the relationship of courts with Parliament, and analysing the extent to which consciousness of the new constitution situation permeated the legislature.

Keywords:   Working Time Directive, courts, parliamentarians, Community membership, parliamentary sovereignty

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