John W. Bridge


The key concept on which this paper is based is that governmental power derives from the law and is necessarily limited by the law. The judicial protection of individual liberties in the United Kingdom is ultimately subject to the rules of Community Law which uphold and protect human rights. While the Court of Justice has no power to evaluate against community standards United Kingdom laws lying outside the framework of Community Law, it will do so with regard to laws within that framework. The human rights thus subject to this external, federalising guarantee are at present limited to socio-economic activities. With regard to European federalisation, it can be concluded that the beneficial and harmonising effect of a federal structure on the protection of individual liberties can be achieved through the treaty-making process and with regard to states with diverse historical and legal traditions provided they share the same basic values and commitment.



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