2 ms·
I don't think Constitutionally-bound legislatures count as 'Parliamentary Sovereignty' moreover, the alternative, 'separation of powers' - is simply not that, i
by jariel 7y ago
I don't think Constitutionally-bound legislatures count as 'Parliamentary Sovereignty' moreover, the alternative, 'separation of powers' - is simply not that, it's just 'Judicial Supremacy'.
It's ridiculous that Europe's top lawyers make a treaty, and then some of Europe's other top lawyers say that it's illegal, whilst all reading the same, plain document. If the constitutionality of a law is 'not apparent' to Europe's top lawyers, then it's definitely not apparent to the other lawyers at the ECJ either; there should be a different process for determining the constitutionality of laws, that is separate from more common judicial rulings. And definitely the ECJ should not be able to rule on its own jurisdiction, this is crazy.
Love this bit from Wikipedia:
"The court ruled that the Community constitutes a new legal order, the subjects of which consist of not only the Member States but also their nationals. The principle of direct effect would have had little impact if Union law did not supersede national law. Without supremacy the Member States could simply ignore EU rules. In Costa v ENEL (1964), the court ruled that member states had definitively transferred sovereign rights to the Community and Union law could not be overridden by domestic law."
These are revolutionary proclamations.
"Oh, by the way, that treaty you signed that you thought meant that thing, well, we're going to rule that we have all the power. So, guess what, it meant something you didn't understand, and what you didn't know is that you were literally handing over sovereignty to us. Thanks, we own you now"