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European Union (Amendment) Bill

My hon. Friend is right. As I said in a previous debate, I do not regard the European Court of Justice as neutral in these matters. It is a federal institution in the way that the Supreme Court in the United States is a federal institution. Shortly after the American constitution was signed and ratified, the Supreme Court, under the famous Chief Justice, John Marshall, started to interpret states' rights in a way that was prejudicial to those rights. That led to the consolidation of federal powers, to such an extent that about 60 years later, in 1861, the federal Government were able to declare war on a state—South Carolina—that attempted to secede. That was inconceivable when the constitution was drawn up, but that is what happened. The Jeffersonian settlement was undermined by a Supreme Court that was part of the federal structure. I see something parallel happening with the powers of the European Court of Justice, which, I remind the House, will have an obligation in the treaty to practise ““mutual sincere cooperation””, not with member states but with the other institutions of the European Union. The observations about the European Court of Justice and its future role are well made.