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Thoburn V Sunderland City Council
''Thoburn v Sunderland City Council'' (also known as the "Metric Martyrs case") is a UK constitutional and administrative law case, concerning the interaction of EU law and an Act of Parliament. It is important for its recognition of the supremacy of EU law and the basis for that recognition. Though the earlier ''Factortame'' had also referred to Parliament's voluntary acceptance of the supremacy of EU law, ''Thoburn'' put less stress on the jurisprudence of the ECJ and more on the domestic acceptance of such supremacy; Lord Justice Laws suggested there was a hierarchy of "constitutional statutes" that Parliament could only expressly repeal, and so were immune from implied repeal. Facts The Weights and Measures Act 1985 section 1 provided that both the pound and the kilogram are equally legal units of measurement in the United Kingdom. In 1994, several statutory instruments came into force bringing the United Kingdom into compliance with Directive 80/181/EEC which aimed to ...
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Divisional Court (England And Wales)
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrates' courts and in extradition proceedings) as well as certain judicial review cases. Although often referred to in practice as ''the'' Divisional Court, a divisional court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a divisional court sits with two judges but occasionally the bench comprises three judges (as it did in the case over puberty-blocking drugs for transgender minors, where the court comprised the President of the Queen's Bench Division, a Lord Justice of Appeal and a High Court Judge). The best known divisional court is that of the Administrative Court, which is a specialist court in the Queen's Bench Division w ...
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Lord Justice Laws
Sir John Grant McKenzie Laws (10 May 1945 – 5 April 2020) was a Lord Justice of Appeal. He served from 1999 to 2016. He was the Goodhart Visiting Professor of Legal Science at the University of Cambridge, and an Honorary Fellow of Robinson College, Cambridge. Early life Laws was born on 10 May 1945, the son of Dr Frederic Laws and his wife Dr Margaret Ross, ''née'' McKenzie, the daughter of the Congregational minister and academic John Grant McKenzie. He was educated at Durham Chorister School, and as a King's Scholar at Durham School. He studied at Exeter College, Oxford as a Senior Open Classical Scholar, receiving a First Class BA in 1967, and an MA in 1976. He became an Honorary Fellow of the College in 2000. Legal career He was called to the Bar at the Inner Temple in 1970, and appointed a Bencher in 1985. He was appointed First Junior Treasury Counsel (Common Law) in 1984, and a Recorder in 1985, holding both positions until his appointment to the High Court in ...
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Fishmonger
A fishmonger (historically fishwife for female practitioners) is someone who sells raw fish and seafood. Fishmongers can be wholesalers or retailers and are trained at selecting and purchasing, handling, gutting, boning, filleting, displaying, merchandising and selling their product. In some countries modern supermarkets are replacing fishmongers who operate in shops or fish markets. Worshipful Company of Fishmongers The fishmongers guild, one of the earliest guilds, was established in the City of London by a Royal Charter granted by Edward I shortly after he became king in 1272. Partnership with foreigners was forbidden and the sale of fish was tightly controlled to ensure freshness and restrain profit, which was limited to one penny in the shilling. Nevertheless, the guild grew rich and, after Edward's victory over the Scots, was able to make a great show, including one thousand mounted knights. During the reign of Edward II, the political power of the fishmongers wan ...
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London Borough Of Hackney
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as ''Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished from the Lord M ...
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City Of Sunderland
The City of Sunderland () is a metropolitan borough with city status in the metropolitan county of Tyne and Wear, North East England. It is named after its largest settlement, Sunderland, spanning a far larger area, including nearby towns including Washington, Hetton-le-Hole and Houghton-le-Spring, as well as the surrounding suburban villages. The district also forms a large majority of Wearside which includes Chester-le-Street in County Durham. The district was formed in 1974 as part of the provisions of the Local Government Act 1972 and is an amalgamation of four former local government districts of County Durham. It was granted city status in 1992, the Ruby Jubilee of Queen Elizabeth II's accession to the throne. The borough had a population of 275,400 at the time of the 2011 census, with the majority of the population (174,286) residing in Sunderland. History The metropolitan borough was formed in 1974 under the Local Government Act 1972 by the merger of several dist ...
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Secondary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or j ...
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European Communities Act 1972 (UK)
The European Communities Act 1972c 68, also known as the ECA 1972, was an Act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom to the three European Communities the European Economic Community (EEC, the 'Common Market'), European Atomic Energy Community (Euratom), and the European Coal and Steel Community (ECSC, which became defunct in 2002); the EEC and ECSC subsequently became the European Union. The Act also incorporated Community Law (later European Union Law) into the domestic law of the United Kingdom and its , its treaties, regulations and directives, together with judgments of the European Court of Justice, and the Community Customs Union, the Common Agricultural Policy (CAP) and the Common Fisheries Policy (FCP). The Treaty of Accession was signed by the then Conservative Prime Minister Edward Heath and the then President of the European Commission Franco Maria Malfatti in Brussels on 22 January 1972; t ...
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European Community
The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbon Treaty. aiming to foster economic integration among its member states. It was subsequently renamed the European Community (EC) upon becoming integrated into the first pillar of the newly formed European Union in 1993. In the popular language, however, the singular ''European Community'' was sometimes inaccuratelly used in the wider sense of the plural '' European Communities'', in spite of the latter designation covering all the three constituent entities of the first pillar. In 2009, the EC formally ceased to exist and its institutions were directly absorbed by the EU. This made the Union the formal successor institution of the Community. The Community's initial aim was to bring about economic integration, including a common market a ...
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Directive 80/181/EEC
Directive may refer to: * Directive (European Union), a legislative act of the European Union * Directive (programming), a computer language construct that specifies how a compiler should process input * "Directive" (poem), a poem by Robert Frost * Directive speech act, a particular kind of speech act which causes the hearer to take a particular action * Lative case, a grammatical case that indicates direction See also * * Direction (other) Direction may refer to: * Relative direction, for instance left, right, forward, backwards, up, and down ** Anatomical terms of location for those used in anatomy ** List of ship directions *Cardinal direction Mathematics and science *Directi ...
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EU Directive
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a ''sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Un ...
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Statutory Instrument
In many countries, a statutory instrument is a form of delegated legislation. United Kingdom Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom. National government Statutory instruments (or 'regulations') are primarily governed by the Statutory Instruments Act 1946, which replaced the system of statutory rules and orders governed by the Rules Publication Act 1893. Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.
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