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Vol 21 No 11 Nov/Dec 2016

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Parliamentary Sovereignty: Contemporary Debates


ISBN13: 9780521140195
Published: July 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £30.99



Low stock.

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'.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction
2. The myth of the common law constitution
3. Legislative sovereignty and the rule of law
4. Homogenising constitutions
5. Abdicating and limiting Parliament's sovereignty
6. Trethowan's case
7. Requirements as to procedure or form for legislating
8. Judicial review, legislative override, and democracy
9. Parliamentary sovereignty and statutory interpretation
10. Challenging parliamentary sovereignty: past, present and future.

Series: Cambridge Studies in Constitutional Law

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The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
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Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
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Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
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Proportionality and Constitutional Culture ISBN 9781107021860
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Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
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Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
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