ABSTRACT

This chapter considers the European Union (EU) and its institutions in some detail, and concentrates on internal sources of law. If the institutions of the EU are sovereign within its boundaries, then within 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. Even the Human Rights Act (HRA) 1998 reaffirms this fact in its recognition of the power of parliament to make primary legislation that is incompatible with the rights provided under the European Convention on Human Rights (ECHR). Green Papers are consultation documents issued by the government, which set out and invite comments from interested parties on particular proposals for legislation. After considering any response, the government may publish a second document in form of a White Paper, in which it sets out its firm proposals for legislation.