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 | : 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 | : 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 | : 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 | : Mark Elliott |
Publisher | : Bloomsbury Publishing |
Total Pages | : 351 |
Release | : 2020-04-16 |
Genre | : Law |
ISBN | : 1509906886 |
There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Author | : Jeffrey L. Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1989 |
Genre | : History |
ISBN | : |
Previous edition, 1st, published in 1985.
Author | : Brice Dickson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 432 |
Release | : 2021-11-11 |
Genre | : Law |
ISBN | : 1509944796 |
This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.