Thoburn v Sunderland City Council (2002)

Facts: 
  • Acts of Parliament sometimes contain a 'Henry VIII clause' which allows a nominated member of the executive to make amendments to legislation without the time and expense of making such a change in Parliament
  • The EC Act 1972 provided that laws could be modified to attain compliance EC (or now EU) directives
  • Thoburn claimed that it was legal to trade primarily in imperial measures

Issue:
  • To what extent did the European Communities Act 1972 empower the provision of subordinate legislation which was inconsistent with it?

Held:
  • Appeals were dismissed as the extent the 1972 empowered the provision of subordinate legislation was inconsistent with it
  • Each specific right and obligation provided under the EC laws was incorporated into domestic law and took precedence

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