ABSTRACT
Ever since the UK joined the European Economic Community, now the European Union (EU), it has progressively, but effectively, passed the power to create laws that have effect in this country to the wider European institutions. In effect, regarding Union matters, the UK’s legislative, executive and judicial powers are now controlled by, and can only be operated within, the framework of EU law. If the institutions of the EU are sovereign within its boundaries, then within the more limited boundaries of the UK the sovereign power to make law lies with Parliament. Under UK constitutional law, it is recognised that Parliament has the power to enact, revoke or alter such, and any, law as it sees fit. However, in a common law system one has not only to look at the legislation, both primary and secondary, made by Parliament, but one also has to look in the cases for the judicial statement that actually constitute that common law.
