The efficacy of the principle of supremacy of EU law depends on its Essay

The efficacy of the principle of supremacy of EU law depends on its reception in national constitutional courts. Discuss - Essay Example Despite being recognized by member states, there are particular reservations made by the national constitutional courts that challenge the principle of supremacy of the Community law. They view supremacy as an ideology rooted in national constitutions instead of being derived from the nature of Community legal order.1 Based on this notion, the constitutional courts possess the right to evaluate whether the European Union institutions conduct themselves within the competences given to them and respect the fundamental human rights and constitutional norms. An example of such cases include the Maastricht and Solange I and II decisions made by the German Constitutional Court, the Maastricht decision made by the Danish Supreme Court, and the Frontini and Granital decisions made by the Italian Constitutional Court. France offers a good example of how the supremacy of the European Union law depends on the reception of the national constitutional court. In France, the Constitutional Council frequently subjects new treaties to preliminary evaluation. The Constitution can be amended before the ratification process if an incompatibility is seen and this practice is crucial because it significantly minimizes the risk of constitutional conflict with the Community law.2 The acceptance of the Community law supremacy remains a contentious issue for case law. This is specifically evident in the possible conflicts between the national constitution and the European Union norms. The principle of supremacy can give rise to delicate and complex matters. It is crucial to state that no case law has ever addressed the issue of EU law supremacy and the national constitution. When a conflict exists between the ordinary domestic legislation and primary EU law, it is anticipated that the courts cannot hesitate to offer influence to the principle of supremacy.3 For the constitutional courts, the mere acceptance of the supremacy of EU law over the national constitutional law is equated to re ndering the courts redundant.4 The supremacy of the European Union law is among the four constitutional doctrines of the European Union (EU) law. The supremacy has no formal foundation in the original or first Treaty of European Community. Nonetheless, the European Court of Justice (ECJ) based on the conception of the new legal order established it. This can be well illustrated by its landmark case (Flaminio Costa v. ENEL) in which it was established that there existed a conflict between the Italian laws on national electricity monopoly and the EC (European Community) provisions permitting the free movement of goods. The ECJ created a clear hierarchy between the national law and EC by stating that in contrast with the normal international treaties, the EEC had established its legal system in which an entry into the Treaty force became an important part of the member states’ legal systems and in which their courts are required to apply.5 The court further ruled that the law em anating from the Treaty (that is, a self-governing source of law) was not possible to be overridden by the domestic legal provisions because of its original and special nature. The reactions to the principle were different among the Member States. It is important to note that the principle of supremacy over the national laws has been recognized by the Member States. Difficulties have emerged in acknowledging the absolute supremacy over the

Religious Field Research Paper Example | Topics and Well Written Essays - 1500 words

Religious Field - Research Paper Example However, the research study indicates that many of the Japanese are members of the Shinto cult, and it has become one of the most powerful religious cults in nationwide with many religious believers. The Shinto has their own valuable books that include the Nihongi, which is the Japanese chronicles, and the Kojiki, which is the ancient events chronicles. Shinto, an indigenous faith of the Japanese people remains their main religious conviction beside Buddhism. Thus, the research paper analyzes the way different religious beliefs and practices may contribute to misconceptions, therefore, indicating the way to overcome such misconceptions. Shinto, unlike other religious cults, is one of the religious beliefs and practices, which may be possible to follow. The needs and traditional practices of Shinto rather than Shinto doctrines determine their practices. The Shinto practices takes into considerations four significant aspects including Kami as the integral part for love of nature, purif ication rites or physical cleanliness, tradition and family as well as festival and ceremonies. The Shinto believers have some aspects, which are similar to Buddhism, hence becoming easier for anyone from Buddhist to join and follow their aspects easily. This is because some practices such as death rituals are similar to Buddhist people, but Shinto focus mostly on live events such as honoring Kami, birth and marriage (Kallen, 2002). They have permanent areas for worshipping their Kami that are in the form, of shrines, vast complexes and each of them operates differently from one another. The priesthood in Shinto is taken as a family affair; thus, it passed from parents to their siblings. The people in each shrine dedicate themselves to Kami. The Shinto religious believers’ value varied Shinto texts, which contain the legends and historical events based upon their religion instead of being Holy Scriptures. Some of the Shinto texts are the Jinno Shotoki, Kojiki, the text for re cords of issues in the ancient times, Nihongi, Rokkokushi and many others. This books or Shinto texts create a misunderstanding with other religious beliefs and practices. This is because of the way they present their Shinto practices and their beliefs upon the creation of Japanese. The two significant and valued texts include the Kojiki and Nihongi, which provides the legendary stories about the creation or the existence of the Japanese into their being. The two books explain the way Kami (Shinto gods) created the ancient Japanese (Littleton 2002, p. 34). They reveal about the male and female who-invites (Izanagi and Izanami) respectively and the way they gave birth to the Japanese land. After the death of Izanami, Izanagi made a journey find her, but he found the maggot crawling with her decayed body. The Izanagi fled back to the living land being horrified, and he entered inside the water in order to purify himself. In the process of purification, the Izanagi encountered with the Sun Goddess, who is the greatest Kami while washing the left eye side (Kasulis, 2004). When he started washing the right one, the Moon Kami appeared to him. The Izanagi struggled to maintain peace in the land for many decades, but the Sun Goddess decided to send to them the grandson, Ninigi as their king to govern them (Bowker, 2012). This reveals the way Shinto is unique from other religious scriptures across the globe. For instance, the Christian texts explain the creation story of Adam and Eve