CELE SQE

CELE SQE1 模拟练习

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In a significant case before the Supreme Court, justices are deliberating on a leapfrog appeal from the High Court concerning the interpretation of "working day" in the hypothetical EU Regulation on Daytime Working. The issue arose when the Ministry of Commerce implemented this regulation, leading to conflicting interpretations among businesses about compliance deadlines. Solicitor-General Emily Thompson represents the government, arguing that traditional interpretations align with EU precedents should prevail. In contrast, barrister Johnathan Clark contends that a more flexible, modern interpretation is necessary to adapt to changing work patterns. The justices are concerned about diverging from retained EU case law.

Which test should the Supreme Court apply to decide if it can depart from retained EU case law?

A. The Court cannot change settled law in the course of adjudication, and the legislation is clear that the Court cannot change the law on the basis of any test set out in statute.

B. The Court cannot change settled law in the course of adjudication, although it is far from clear exactly when the Court may change the law on the basis of the test set out in statute.

C. The Court must apply the same test as it would apply in deciding whether to disregard its own previous decision where two Supreme Court decisions conflict.

D. The Court must apply the same test as it would apply in deciding whether the decision, although not expressly overruled, conflicts.

E. The Court must apply the same test as it would apply in deciding whether to depart from its own case law, which is where it appears right to do so.

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Under the European Union (Withdrawal Agreement) Act 2018, particularly sections 6(3) and 6(4), the Supreme Court is empowered to interpret questions regarding the validity, meaning, or effect of retained EU law in line with retained EU case law. However, section 6(5) provides the Court with the discretion to depart from EU case law if it believes it is right to do so. This approach mirrors the flexibility the Court has in considering whether to depart from its own previous judgments under domestic precedents.

Key Points:

Judicial Precedence: The Supreme Court can deviate from previous case law, both EU and domestic, under certain circumstances, which promotes legal evolution and adaptability.
Statutory Guidance: The relevant statutes provide guidelines yet allow for judicial discretion in their application, balancing respect for precedent with the need for contemporary relevance.
Legal Consistency: Applying the same standards to EU and UK case law post-Brexit ensures consistency in judicial reasoning and decision-making.
Flexibility in Interpretation: The ability to depart from case law reflects the dynamic nature of law and its need to respond to new and evolving societal norms and challenges.

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Chapter 11Constitutional & Administrative Law and EU Law

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