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By H.W.R. Wade

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Sample text

I need not linger over the Acts for securing the church establishments in Scotland and Ireland, which, according to the Acts of Union, were to be for ever observed as fundamental and essential conditions. 31 Though there is a clear case for regarding the Treaty of Union as a constitutional convention, intended to establish fundamental law, the truth is that the Treaty was made too early, and the argument has been raised too late, for this reasoning to be acceptable to the courts. l. Comm. i, 90, citing Letters to Atticus, bk.

The Ministry of Social Security Act 1966 was so unsuitably entitled that seven years later it was rechristened the Supplementary Benefit Act 1966; this was done by the 18th subsection of the 99th section of the Social Security Act 1973, and great must have been the confusion caused in legal minds before this obscure provision was tracked down. Another case is the Unfair Contract Terms Act 1977, which contains provisions about notices disclaiming liability in situations where there is no contract of any kind.

23. By the Universities (Scotland) Act 1853 and the Irish Church Act 1869. 34 Legislation Dominion unless it declared in the Act itself that the Dominion had requested and consented thereto. " The reality here is that it is virtually certain that sooner or later some Act passed after 1972 will be found to be in conflict with community law, as has now happened in several of the other member countries. Lord Denning has already gone on record, as I have mentioned, with the dictum that the courts of this country would then have to obey the later Act without regard to the Treaty of Rome.

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Constitutional Fundamentals by H.W.R. Wade


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