Description of the legal term Supremacy Clause:
The concept of “Supremacy” within British law refers to the principle that EU law takes precedence over national laws in the event of a conflict between the two. However, the term “Supremacy Clause” is more typically associated with the constitutional framework of the United States. In the United Kingdom, the principle of EU law supremacy was observed until Brexit; this principle dictated that British courts must apply EU law over domestic law where there was a contradiction between the two.
Before the UK’s withdrawal from the EU, the European Communities Act 1972 was the main legislative instrument that facilitated the application of EU law in the UK. This Act effectively incorporated EU law into the domestic legal system of the UK, and as a result, the doctrine of the supremacy of EU law prevailed. This status of EU law implied that in situations where there was a discrepancy between national legislation and that of the EU, British judges were under a legal obligation to give effect to EU law.
As a member of the EU, the UK was subject to the judgements of the European Court of Justice (ECJ), which has consistently upheld the principle of EU law’s supremacy. The acceptance of the supremacy of EU law was also evident in a number of high-profile legal cases in the UK, which affirmed that where UK legislation was found to be incompatible with EU law, the latter would prevail.
However, with the passage of the European Union (Withdrawal) Act 2018, which repealed the European Communities Act 1972, the legal landscape of the UK significantly changed. The Act ended the supremacy of EU law within the UK legal system and converted existing EU law into “retained EU law” within the UK legal framework. While retained EU law continues to be recognized, it no longer holds the unchallengeable precedence it once enjoyed.
With the current state of affairs post-Brexit, it is worth noting that the doctrine no longer operates in the British legal system. However, until Brexit, the supremacy of EU law underpinned the functioning of the EU single market within the Member States and was a cornerstone principle that ensured uniformity and consistency in the application of EU policies and directives across various jurisdictions.
Legal context in which the term Supremacy Clause may be used:
One illustrative example of the supremacy principle in practice can be seen in the British case of Factortame Ltd v Secretary of State for Transport. In this case, a group of Spanish fishermen challenged the British Merchant Shipping Act 1988, which imposed certain restrictions on fishing rights based on nationality. The European Court of Justice issued a preliminary ruling that the Act contravened EU law. Despite the initial opposition from the British government, the House of Lords (then the highest court in the UK) ultimately gave effect to EU law by temporarily “disapplying” the conflicting provisions of the Merchant Shipping Act, recognizing the superior status of EU law in the process.
Another instance where this principle was significant is the Vauxhall Estates v Liverpool Corporation case. In this case, a UK statute contradicting an EU directive was at odds, and the UK court had to choose between applying domestic law and following the directive. Adhering to the supremacy principle, the UK court set aside the domestic statute in favor of applying the EU directive, highlighting the mandatory nature of the doctrine when dealing with conflicts between EU law and national legislation.
The principle of the supremacy of EU law was a key facet of the UK’s legal obligations as a Member State of the European Union, commanding UK courts to reconcile domestic law with the requirements of EU law, shaping the British legal landscape for over four decades. Although Brexit has rendered the direct application of this doctrine a matter of historical significance, its implications on the transformation of British legal sovereignty remain a noteworthy chapter in the UK’s constitutional history.
