ABSTRACT

Essay Question 4 ‘In R v Secretary of State ex p Factortame (No 1) and (No 2) the English courts and the European Court of Justice made it clear that not only do English courts have the power to suspend Acts of Parliament conflicting with European Community law but that European Community law demands that the provisions of lawfully enacted Acts of the UK Parliament be overturned and the European Court can even dictate what national remedies should be available.’