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Critically analyse the extent, if any, to which Britain's me


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             These methods of interpretation began to change when England in 1972 became a member of the European Community under the European Communities Act. The U.K is a dualist system so an Act was needed in order for the entering of this international agreement to have authority and an effect on the domestic legal system. Becoming member of the European Community means that the English legal system had to start to incorporate E.U.law into the system and it is a requirement that all English law complies with E.U law. .
             This is shown by subsection 2 (part 4);.
             "Any such provision implies that any English statutes should be interpreted .
             in line with EU law.".
             The European Communities Act defines the status of the EU law, governs its relationship with the national law and gives directions to the English judges on the inter-relationship between the EU and English legal orders. .
             The ECA 1972 aims to penetrate the English legal system by E.U law as developed by the ECJ. The ECJ is the European Court of Justice, it is a judicial arm of the European Community based in Luxembourg, and its role is to ensure that the interpretation and application of E.U law is observed. .
             The first way such penetration occurs is through Article 234 (177). Article 234 is designed to secure the uniform judicial interpretation of European Community Law. Under this article a case from the House of Lords can be referred to the ECJ for a ruling on the interpretation of E.U law, where ambiguity has arisen between the English law and E.U law. Paragraph 3 states that if a point raises ambiguity in the final court of appeal there is a duty to refer the point in question to the ECJ. The opinion of the ECJ will be considered by the English judges and the English judges will need to resolve the ambiguity by modifying their traditional approaches by "gap .
             filling" or giving priority to E.U law. This is shown where an Article 234 (177) reference was made by the Court of Appeal in Macarthys Ltd v Smith [1980] and the .


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