The nature of Regulations
Regulations, which are the form of EU law that most closely resembles statute law within the English legal system, are plainly a source of law.
We will come to the effect of EU Regulations in English law in a few moments, but it is worth noticing at this stage that, despite their similarities, English statutes differ from EU Regulations in one important respect. Under the doctrine of the legislative supremacy of Parliament (see Chapter 3), the English courts have no power to quash Acts of Parliament, because it is Parliament and not the courts which are supreme. On the other hand, the European Court of Justice can quash individual Regulations which it finds to be unlawful.
More on the topic The nature of Regulations:
- The nature of Directives
- The nature of Decisions
- 13. Gender in the State of Nature
- The two-fold nature of the decision
- The Race to the Bottom and Human Nature
- The idea of the state of nature was a fundamental way for early modern thinkers to make sense of the emergence of the political.[875]
- Dealing with the Abyss: The Nature and Purpose of the Rhodian Sea-law on Jettison (Lex Rhodia De Iactu, D 14.2) and the Making of Justinian's Digest
- The direct applicability and direct effect of different forms of EU law
- SUMMARY
- What is law about?
- Having studied this chapter you should be able to explain:
- A classification of legal sentences
- Green critiques of the state
- Classical elite theorists such as Gaetano Mosca (1939: 50), argue that the history of politics has been characterized by elite domination: