Public Law (LLB) Factoortame judgement Essay Example | Topics and Well Written Essays - 1000 words

Public Law (LLB) Factoortame judgement - Essay Example ion 2(4) of the ECA is precluded by section 2 of the very same act; which treats legislation that in effect, repeals section 2(4) a violation of EU Treaty obligations5. Claims for damages against the Crown or Parliament, till Factortame, had generally failed in the UK6. The UK courts, in order to promote Parliamentary sovereignty, were initially, reluctant to incorporate EC Law into UK legislation. The ECJ compelled the UK courts to act in accordance with the ECA 1972; while interpreting domestic legislation. They were also required to comply with the ECJ’s rulings7. These developments have been cogently described, by the case law in the sequel. In Pickstone v. Freemans, the House of Lords directly applied Article 119 of the Treaty of Rome, without making a referral to the ECJ8; and interpreted section 2 of the ECA 1972, as precluding UK law, from restraining EC law9. Van Gend11 engendered the all important direct effect concept in EC Law; and Francovich12, Brasserie du PÃ ªcheur13, Factortame14 and KÃ ¶bler15established a damages remedy for violation of EC Law by a Member State. The effectiveness of parliamentary sovereignty can be appraised from the ruling in Factortame, wherein an important piece of legislation was suspended by the House of Lords, thereby affirming the supremacy of EU law over national law. Case C-213/89 Factortame Ltd & others v Secretary of State for Transport (1991) 1 AC 603. ECJ decision dated 19th June 1990 followed by UK House of Lords ruling dated 11th October 1990. Accessed December 19,

A Change in My Life Essay Example | Topics and Well Written Essays - 1000 words

A Change in My Life - Essay Example Because of my hard work and the effort that I put in my educational endeavors, I got very good grades in my final primary school exams and qualified to enter high school. I was so happy with my achievement that I was determined to ensure that my performance would always remain high in my new educational level. With this in mind, and considering the great promise that I had in academics, I was admitted into high school. High school turned out to be quite different from primary school and this was mainly because there were more freedoms and new people who I had to study with. Most of my old friends from primary school went on to a different school and at first; life in the new environment was quite lonely. However, after a few weeks, I was befriended by some of the most popular students in the school and this, I felt, was a great privilege. In primary school, I had never really been popular, with the little popularity that I had having been based on my academic performance. Whereas other students had concentrated on fun and what I thought were good things in life, I had concentrated on my studies and that was the reason why I was among the best. However, in high school, all this changed because, for the first time in my life, I was among the popular kids. Most of the other students looked up to me and it felt wonderful and in my mind, nothing could be better. From that time, I put my academics in the background and I instead concentrated on spending time with my new friends and having fun because that is what I thought high school was all about. As a result of my new lifestyle, my academics began to take a beating but while this was happening, my new friends convinced me that because I was a clever guy, I could always catch up whenever I wanted.  Ã‚