European Community Law Enacted Into Domestic Law

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The European Communities Act 1972 was passed by parliament, this introduced the European Community law enacted into domestic law. On the 1st January 1973, the United Kingdom joined the European communities, along with other European nations, and this embarked on the nations becoming the European Union. On the 23th June 2016, the European Union Referendum Act 2015 took place questioning as to whether the United Kingdom should leave the European Union, and thus, the people voted in agreement to leave. This triggered Article 50 of the Treaty on European Union, whereby Prime Minister Theresa May is to give liable notification to exit the European Union. This allows a two-year ‘open window’ to discuss a withdrawal agreement. The R (Miller) v Secretary of State for Exiting the European Union case discusses as to whether the Crown’s notice is substantial to give notice of this leave.
The legal issue presented before us asks if the Crown Court has the prerogative power to give notification under Article 50 to exit the European Union without notifying parliament. This foreseeing the risk of losing European Union statutory rights. The Crown agrees so, and this brings into question parliaments sovereignty, Britain’s constitutional statutes and what can be perceived as a diminishing history of democracy.
The defendant Secretary of State pinpoints that in the ECA 1972, 2015 Referendum Act or any other United Kingdom legislation passed by parliament states no terms which show that the
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