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The Judiciary - Coggle Diagram
The Judiciary
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Key SC Cases
EU Law
European Communities Act 1972 - incorporated the Treaty of Rome into UK Law - now EU law takes precedent over UK statute
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UK sacrifices sovereignty and after Factortame Case 1990, EU courts can suspend UK law that is incompatible with EU law
HRA 1998
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UK courts cannot suspend law that violates ECHR, instead power of Judicial Review allows them to inform parliament who can chose to rectify or ignore violation as they see fit
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Impact of Brexit
HRA
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therefore, our obligations under the HRA and judges ability to notify P of violations remains untouched
EU statutes and law
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no longer have power to suspend legislation/statutes that are incompatible with EU law. restoration of true parliamentary soveriegnty
regain status as the highest true legal authority in all legal matters meaning they are actually empowered to interpret any source of law, with final decision.