Yearbook of European Law - Vol. 10

By Francis Geoffrey Jacobs | Go to book overview

was prepared to go to considerable lengths in departing from normal canons of statutory interpretation to interpret national law in such a way as to comply with existing provisions of Community law. There is also a discussion of the power of the national courts to rule on the validity of Community acts as a result of the Foto-Frost [ 1987] ECR 4225 decision. Chapter 4 includes a section on locus standi in State aid cases; and the relationship between the direct effect of Community law and remedies in United Kingdom law is discussed in chapter 3. Unfortunately, the ruling of the European Court on the reference of the House of Lords and the judgment in Factortame (No. 2) [ 1991] 1 All ER 70 at 106 were too late for inclusion.

Mr Collins discusses from the dualist standpoint the nature of Community law and the thorny question of supremacy. He views the relationship between Community law and national law in the orthodox manner in which the United Kingdom courts have given effect to international obligations in the municipal sphere. While acknowledging that sovereignty has been limited in the international and political sphere, he claims that there has not been any limitation on the sovereignty of the United Kingdom Parliament. A conflict between United Kingdom law and Community law, he suggests at page 15, would be reconcilable only by political means. There is a growing body of case-law that the courts may be taking a contrary view. Mr Justice Hoffman in S toke-on-Trent City Council v B & Q plc [ 1990] 3 CMLR 31 stated that the EEC Treaty is the supreme law of the United Kingdom and that Parliament had surrendered its sovereignty on matters of social and economic policy regulated by the Treaty. Lord Justice Dillon seemed to show some sympathy for this view in Council of the Borough of Kirklees v Wickes Building Supply Ltd [ 1990] 2 CMLR 501 and the Mendip District Council v B & Q plc [ 1991] 1 CMLR 113. Moreover the House of Lords in Factotame (No. 2) has accepted that if a conflict should arise, the court is under a duty to give precedence to the directly effective provisions of Community law over the relevant provisions of national law. There seems little doubt that this decision has compromised the traditional doctrine of Parliamentary sovereignty.

This is a scholarly and practical book which can be strongly recommended for students as well as practitioners. But it may already be time for Mr Collins to consider a fifth edition.

S.PALMER


The Lugano and San Sebastian Conventions edited by Michael Carpenter, Michael Haymann, Tony Hunter-Tilney, and Paul Volken (Current EC Legal Developments Series, Butterworths, 1990, 212 pages. £75.

This is a volume containing the text of the Lugano Convention (by which the EFTA countries join with the States of the EC into a régime of civil jurisdiction and judgments closely modelled upon the Brussels Convention);

-604-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Yearbook of European Law - Vol. 10
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 666

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.