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much information will also have been assimilated concerning the reasoning of the court in response to the issues raised. As students read judgments with the facts, issues and relationships between legal rules in place, then it becomes an easier task to isolate the text relating to the reasoning process. As the text is mentally ordered and classified, relevant aspects of the judgment in relation to reasoning can be identified, weak reasoning can also be considered. It is then less daunting to deal with a line of cases changing legal rules or the interpretation of legal rules. If a statistical breakdown of the parts of any judgment was conducted, it would be found that a relatively small percentage of the judgment is related to reasoning. But, in an English law report knowledge of the reasoning process of the court is said to be the most vital element of the report. In reading these judgments, much information can be gathered on the attitudes of the senior English judiciary concerning the relationship between EC law and UK law. For example, careful reading will have noted that all judges accept, without question, that, in cases of clear infringement of EC law by UK law, then UK law must be disapplied. Noting this will make the student question the interpretation of the case put forward by the essay question that they are essential about ‘disapplying English statutes’. An appreciation of the correct issue (can a court disapply as an interim measure before a rule has been held to conflict with EC law?) suggests the necessity for a vital yet subtle difference between what the essay question is suggesting and what the cluster of Factortame cases is about. The reasoning of the courts can only be obtained by reading all judgments. Go back over the information gathered in relation to the procedural history of these cases and, incorporating information in the cases, construct a diagram of the actions. (4) Final consideration of the cases by reflecting on textual notes and diagrams The three diagrams 9.7–9.9 contain the basic reasoning behind the decision for you to check your findings against. It is useful here to look at all the diagrams and tables: Table 9.2: the list of UK law and EC law; Figures 9.4 and 9.5: UK and EC legal rules of relevance; Figure 9.6: provisions of the Treaty of Rome (EC Treaty) of relevance to the Factortame cases; Figure 9.7: the issues raised by the question; Figures 9.8–9.10: the three diagrams concerning the grounds of appeal, decision and reasoning in all three courts, including indication of grounds of preliminary ruling; Figure 9.11: the diagram of the actions in the case.
DOI link for much information will also have been assimilated concerning the reasoning of the court in response to the issues raised. As students read judgments with the facts, issues and relationships between legal rules in place, then it becomes an easier task to isolate the text relating to the reasoning process. As the text is mentally ordered and classified, relevant aspects of the judgment in relation to reasoning can be identified, weak reasoning can also be considered. It is then less daunting to deal with a line of cases changing legal rules or the interpretation of legal rules. If a statistical breakdown of the parts of any judgment was conducted, it would be found that a relatively small percentage of the judgment is related to reasoning. But, in an English law report knowledge of the reasoning process of the court is said to be the most vital element of the report. In reading these judgments, much information can be gathered on the attitudes of the senior English judiciary concerning the relationship between EC law and UK law. For example, careful reading will have noted that all judges accept, without question, that, in cases of clear infringement of EC law by UK law, then UK law must be disapplied. Noting this will make the student question the interpretation of the case put forward by the essay question that they are essential about ‘disapplying English statutes’. An appreciation of the correct issue (can a court disapply as an interim measure before a rule has been held to conflict with EC law?) suggests the necessity for a vital yet subtle difference between what the essay question is suggesting and what the cluster of Factortame cases is about. The reasoning of the courts can only be obtained by reading all judgments. Go back over the information gathered in relation to the procedural history of these cases and, incorporating information in the cases, construct a diagram of the actions. (4) Final consideration of the cases by reflecting on textual notes and diagrams The three diagrams 9.7–9.9 contain the basic reasoning behind the decision for you to check your findings against. It is useful here to look at all the diagrams and tables: Table 9.2: the list of UK law and EC law; Figures 9.4 and 9.5: UK and EC legal rules of relevance; Figure 9.6: provisions of the Treaty of Rome (EC Treaty) of relevance to the Factortame cases; Figure 9.7: the issues raised by the question; Figures 9.8–9.10: the three diagrams concerning the grounds of appeal, decision and reasoning in all three courts, including indication of grounds of preliminary ruling; Figure 9.11: the diagram of the actions in the case.
much information will also have been assimilated concerning the reasoning of the court in response to the issues raised. As students read judgments with the facts, issues and relationships between legal rules in place, then it becomes an easier task to isolate the text relating to the reasoning process. As the text is mentally ordered and classified, relevant aspects of the judgment in relation to reasoning can be identified, weak reasoning can also be considered. It is then less daunting to deal with a line of cases changing legal rules or the interpretation of legal rules. If a statistical breakdown of the parts of any judgment was conducted, it would be found that a relatively small percentage of the judgment is related to reasoning. But, in an English law report knowledge of the reasoning process of the court is said to be the most vital element of the report. In reading these judgments, much information can be gathered on the attitudes of the senior English judiciary concerning the relationship between EC law and UK law. For example, careful reading will have noted that all judges accept, without question, that, in cases of clear infringement of EC law by UK law, then UK law must be disapplied. Noting this will make the student question the interpretation of the case put forward by the essay question that they are essential about ‘disapplying English statutes’. An appreciation of the correct issue (can a court disapply as an interim measure before a rule has been held to conflict with EC law?) suggests the necessity for a vital yet subtle difference between what the essay question is suggesting and what the cluster of Factortame cases is about. The reasoning of the courts can only be obtained by reading all judgments. Go back over the information gathered in relation to the procedural history of these cases and, incorporating information in the cases, construct a diagram of the actions. (4) Final consideration of the cases by reflecting on textual notes and diagrams The three diagrams 9.7–9.9 contain the basic reasoning behind the decision for you to check your findings against. It is useful here to look at all the diagrams and tables: Table 9.2: the list of UK law and EC law; Figures 9.4 and 9.5: UK and EC legal rules of relevance; Figure 9.6: provisions of the Treaty of Rome (EC Treaty) of relevance to the Factortame cases; Figure 9.7: the issues raised by the question; Figures 9.8–9.10: the three diagrams concerning the grounds of appeal, decision and reasoning in all three courts, including indication of grounds of preliminary ruling; Figure 9.11: the diagram of the actions in the case.
ABSTRACT