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EC Membership and the Judicialization of British Politics$
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Danny Nicol

Print publication date: 2001

Print ISBN-13: 9780199247790

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199247790.001.0001

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The 1971 White Paper and the Vote on the Principle of Entry

The 1971 White Paper and the Vote on the Principle of Entry

Chapter:
(p.57) 3 The 1971 White Paper and the Vote on the Principle of Entry
Source:
EC Membership and the Judicialization of British Politics
Author(s):

Danny Nicol

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247790.003.0003

This chapter examines the Health White Paper on the constitutional implication of membership and analyses the October 1971 debate on the principle of membership. The ECJ had reinforced its supremacy jurisprudence by holding in Internationale Handelsgesellshaft that ‘the validity of a Community measure or its effect within a Member State cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that State or the principles of a national constitutional structure’. The ECJ was clearly signalling that Community law must prevail over UK law notwithstanding parliamentary sovereignty even though the UK was not yet a Member State.

Keywords:   Health White Paper, membership, Internationale Handelsgesellshaft, Community law, UK law

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