Following the accession of the UK to European Economic Community (now the European Union) in 1972, the UK became bound by European law and more importantly, the principle of the supremacy of European Union law. According to this principle, which was outlined by the European Court of Justice in 1964 in the case of Costa v. ENEL, laws of member states that conflict with EU laws must be disapplied by member states' courts. The conflict between the principles of the primacy of EU law and of parliamentary supremacy was illustrated in the judgment in Thoburn v Sunderland City Council, which held that the European Communities Act 1972, the Act that initiated British involvement in the EU, could not be implicitly repealed simply by the passing of subsequent legislation inconsistent with European law. The court went further and suggested that the 1972 Act formed part of a category of special "constitutional statutes" that were not subject to implied repeal. This exception to the doctrine of implied repeal was something of a novelty, though the court stated that it remained open for Parliament to expressly repeal the Act. It is politically inconceivable at the present time that Parliament would do so, and constitutional lawyers have also questioned whether such a step would be as straightforward in its legal effects as it might seem. The Thoburn judgment was handed down only by the Divisional Court (part of the High Court), which occupies a relatively low level in the legal system.
The House of Commons alone possesses the power to pass a motion of no confidence in the Government, which requires the Government either to resign or seek fresh elections (see below). Such a motion does not require passage by the Lords, or Royal Assent.
Parliament traditionally also has the power to remove individual members of the government by impeachment (with the Commons initiating the impeachment and the Lords trying the case), although this power has not been used since 1806. By the Constitutional Reform Act 2005 it has the power to remove individual judges from office for misconduct.
Additionally, Dicey has observed that the constitution of Belgium "comes very near to a written reproduction of the English constitution."
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