The Sovereignty of Parliament
Author | : Jeffrey Denys Goldsworthy |
Publisher | : |
Total Pages | : 336 |
Release | : 2001 |
Genre | : |
ISBN | : |
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Author | : Jeffrey Denys Goldsworthy |
Publisher | : |
Total Pages | : 336 |
Release | : 2001 |
Genre | : |
ISBN | : |
Author | : Jeffrey Goldsworthy |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-07-22 |
Genre | : Law |
ISBN | : 1139491512 |
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 201 |
Release | : 2019-10-16 |
Genre | : Law |
ISBN | : 1000707970 |
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author | : Mark D. Walters |
Publisher | : Cambridge University Press |
Total Pages | : 479 |
Release | : 2020-11-12 |
Genre | : Biography & Autobiography |
ISBN | : 1107028477 |
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Author | : Alison L Young |
Publisher | : Bloomsbury Publishing |
Total Pages | : 196 |
Release | : 2008-12-05 |
Genre | : Law |
ISBN | : 1847314732 |
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
Author | : Nicholas Phillipson |
Publisher | : Cambridge University Press |
Total Pages | : 462 |
Release | : 1993-02-26 |
Genre | : History |
ISBN | : 052139242X |
Inspired by the work of intellectual historian J. G. A. Pocock, this 1993 collection explores the political ideologies of early modern Britain.
Author | : Jeffrey Denys Goldsworthy |
Publisher | : |
Total Pages | : 340 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that the courts have no authority to judge statutes invalid. This doctrine has now been criticized onhistorical and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament's authority was limited to common law. The critics also argue that it is based on a misunderstanding of the relationshipbetween statutory and common law, and is morally indefensible.The Sovereignty of Parliament: History and Philosophy responds to these criticisms. It first defines and clarifies the concept of legislative sovereignty and then describes the historical origins and the development of the doctrine from the thirteenth to the end of the nineteenth century. ProfessorGoldsworthy goes on to identify many different reasons why persuaded statesmen, lawyers, and political theorists have endorsed the doctrine. He discusses the ideas of a large number of legal and political thinkers, including Fortescue, St German, Hooker, Coke, Bacon, Parker, Milton, Hobbes, Hale,Locke, Bolingbroke, Blackstone, and Burke. He shows that judges in Great Britain have never had authority to invalidate statutes, and that the doctrine is much older than is generally realized.The book concludes by dealing with philosophical criticisms of the doctrine. Combining the insights of earlier thinkers with those of contemporary legal philosophers, it demonstrates that these criticisms are based on a defective understanding of the nature and foundations of law, and of therelationship between legislative authority and the common law. It argues that the doctrine is morally defensible, and refutes the thesis that the judges have authority to modify or reject it.
Author | : Michael Gordon |
Publisher | : Bloomsbury Publishing |
Total Pages | : 598 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1782255818 |
The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament – through legislating about the legislative process – to revitalise the UK's political constitution.
Author | : Jeffrey L. Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1989 |
Genre | : History |
ISBN | : |
Previous edition, 1st, published in 1985.