Regina v. Secretary of State for Transport Ex Parte Factortame Ltd.: The :Limits of Parliamentary Sovereignty and the Rule of Community Law
This Comment argues that the Factortame judgment is compatible with the traditional U.K. doctrine of the supremacy of Parliament. Part I examines the Court of Justice's approach to the supremacy of Community law and the traditional U.K. approach to supremacy. Part II discusses the factual and procedural background of Factortame, the judgment of the Court of Justice, and the reasoning of the opinion of Advocate General Tesauro. Part III suggests that Factortame indicates a willingness of the Court of Justice to allow the United Kingdom to adhere to its traditional view of Community law precedence, provided that directly effective Community rights are practically protected. This Comment concludes that despite the U.K. approach to the supremacy of Community law, U.K. courts recognize that Parliament is subject to the ultimate sovereignty of the Community.
Jay J. Arangonés,
Regina v. Secretary of State for Transport Ex Parte Factortame Ltd.: The :Limits of Parliamentary Sovereignty and the Rule of Community Law,
14 Fordham Int'l L.J. 778
Available at: https://ir.lawnet.fordham.edu/ilj/vol14/iss3/8