Parliamentary Sovereignty

Author : Jeffrey Goldsworthy
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,7 Mb
Release : 2010-07-22
Category : Law
ISBN : 9781139491518

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Parliamentary Sovereignty by Jeffrey Goldsworthy Pdf

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
Page : 729 pages
File Size : 40,9 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688

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An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf

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
Page : 479 pages
File Size : 54,6 Mb
Release : 2020-11-12
Category : Biography & Autobiography
ISBN : 9781107028470

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A.V. Dicey and the Common Law Constitutional Tradition by Mark D. Walters Pdf

Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

Author : Jeffrey Denys Goldsworthy
Publisher : Unknown
Page : 336 pages
File Size : 42,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:804695039

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The Sovereignty of Parliament by Jeffrey Denys Goldsworthy Pdf

Author : Alison L Young
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 45,8 Mb
Release : 2008-12-05
Category : Law
ISBN : 9781847314734

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Parliamentary Sovereignty and the Human Rights Act by Alison L Young Pdf

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 : Michael Gordon
Publisher : Bloomsbury Publishing
Page : 262 pages
File Size : 48,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782255819

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Parliamentary Sovereignty in the UK Constitution by Michael Gordon Pdf

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 : Michael Gordon
Publisher : Bloomsbury Publishing
Page : 262 pages
File Size : 55,8 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782255802

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Parliamentary Sovereignty in the UK Constitution by Michael Gordon Pdf

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 : T.R.S. Allan
Publisher : Oxford University Press
Page : 370 pages
File Size : 44,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780199685066

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The Sovereignty of Law by T.R.S. Allan Pdf

An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.

Author : Nicholas Phillipson,Quentin Skinner
Publisher : Cambridge University Press
Page : 462 pages
File Size : 40,7 Mb
Release : 1993-02-26
Category : History
ISBN : 9780521392426

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Political Discourse in Early Modern Britain by Nicholas Phillipson,Quentin Skinner Pdf

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 : Unknown
Page : 326 pages
File Size : 47,7 Mb
Release : 2010
Category : Electronic books
ISBN : 1107211425

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Parliamentary Sovereignty by Jeffrey Denys Goldsworthy Pdf

"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 : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 53,8 Mb
Release : 2019-10-16
Category : Law
ISBN : 9781000707977

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Courts, Politics and Constitutional Law by Martin Belov Pdf

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 : Patrick Monahan,Byron Shaw,Padraic Ryan
Publisher : Essentials of Canadian Law
Page : 672 pages
File Size : 46,6 Mb
Release : 2017-01-31
Category : Law
ISBN : 1552214400

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Constitutional Law by Patrick Monahan,Byron Shaw,Padraic Ryan Pdf

The fifth edition of Constitutional Law represents a significant update of the fourth edition. Since 2013, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, and Indigenous title. The book includes the complete Canadian Constitution.

Author : Brice Dickson,Conor McCormick
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 47,9 Mb
Release : 2021-11-11
Category : Law
ISBN : 9781509944798

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The Judicial Mind by Brice Dickson,Conor McCormick Pdf

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.

Author : Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit
Publisher : Unknown
Page : 1216 pages
File Size : 40,9 Mb
Release : 2000
Category : Canada
ISBN : UCBK:C070750942

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House of Commons Procedure and Practice by Canada. Parliament. House of Commons,Robert Marleau,Camille Montpetit Pdf

This reference book is primarily a procedural work which examines the many forms, customs, and practices which have been developed and established for the House of Commons since Confederation in 1867. It provides a distinctive Canadian perspective in describing procedure in the House up to the end of the first session of the 36th Parliament in Sept. 1999. The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speaker's rulings and statements are also documented and the considerable body of practice, interpretation, and precedents unique to the Canadian House of Commons is amply illustrated. Chapters of the book cover the following: parliamentary institutions; parliaments and ministries; privileges and immunities; the House and its Members; parliamentary procedure; the physical & administrative setting; the Speaker & other presiding officers; the parliamentary cycle; sittings of the House; the daily program; oral & written questions; the process of debate; rules of order & decorum; the curtailment of debate; special debates; the legislative process; delegated legislation; financial procedures; committees of the whole House; committees; private Members' business; public petitions; private bills practice; and the parliamentary record. Includes index.

Author : Mark Elliott,Kirsty Hughes
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 47,7 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509906871

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Common Law Constitutional Rights by Mark Elliott,Kirsty Hughes Pdf

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.