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Regina v. Secretary of State for Foreign and Commonwealth Affairs, ex parte Rees-Mogg
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Conduct of foreign relations — Treaty-making power — United Kingdom — Whether exercise of treaty-making power subject to judicial review — Treaty on European Union, 1992 (“Maastricht Treaty”) — Extent to which Crown’s treaty-making power can be fettered by Parliament — European Communities Act 1972, Section 2(1) — European Parliamentary Elections Act 1978, Section 6 — European Communities (Amendment) Act 1993
Treaties — Effect in municipal law — Treaty on European Union, 1992 — Ratification by United Kingdom — Protocols — Whether ratification of Treaty automatically involving ratification of Protocols — Evidence from practice of other signatory States — European Communities (Amendment) Act 1993, Section 1(2)
Treaties — Conclusion and operation — Constitutional limitations — Treaty on European Union, 1992 — Protocol on social policy — Ratification by United Kingdom — Exclusion of applicability to United Kingdom by European Communities (Amendment) Act 1993, Section 1(2) — Possible indirect effect of Protocol under domestic law — Whether requiring parliamentary approval
Treaties — Conclusion and operation — Constitutional limitations — Treaty on European Union, 1992 — Extension of powers of European Community — Establishment of common foreign and security policy — Whether constituting abandonment or transfer of Crown’s prerogative powers — Whether requiring municipal legislation
International organizations — EEC — Powers — Institutions — Extension of powers by treaty — Treaty on European Union, 1992 — Protocol on social policy — Common foreign and security policy — The law of England
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- Case Report
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- © Cambridge University Press 1994
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