What was the legal significance of the European Communities Act 1972?
It incorporated EU law into UK law and gave it primacy over conflicting domestic law.
What constitutional principle was challenged in the Factortame case?
Parliamentary Sovereignty — UK courts disapplied an Act of Parliament due to EU law supremacy.
What was the result of the 2016 EU Referendum?
51.9% voted to leave the EU.
What does Article 50 TEU regulate?
The procedure by which a member state withdraws from the EU.
What did the European Union (Withdrawal) Act 2018 do?
Repealed the ECA 1972 and retained relevant EU law as “retained EU law”.
How did Brexit affect Parliamentary Sovereignty?
It arguably restored full sovereignty, but raised complex issues of legal continuity and regulatory divergence.
What is the European Convention on Human Rights (ECHR)?
An international treaty to protect human rights and fundamental freedoms in Europe.
What is the Human Rights Act 1998 (HRA)?
A UK statute that incorporated the rights from the ECHR into UK domestic law.
Can UK courts strike down legislation that violates the HRA?
No, but they can issue a “declaration of incompatibility”.
What is a “declaration of incompatibility”?
A statement by a UK court that a law conflicts with the HRA, but it does not invalidate the law.
What rights does the HRA 1998 incorporate?
Rights from the ECHR, such as the right to life (Art. 2), prohibition of torture (Art. 3), right to privacy (Art. 8), etc.
Can the UK leave the ECHR?
Legally, yes — but it would have major political and constitutional implications.
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