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Vol 24 No 7 July/August 2019

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Cover of The Law and Practice of International Finance: Set of 9 Volumes

The Law and Practice of International Finance: Set of 9 Volumes

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Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy


ISBN13: 9781509915422
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £27.99
Hardback edition , ISBN13 9781849464659



Low stock.

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.

Subjects:
Constitutional and Administrative Law
Contents:
Part I-What is the Sovereignty of Parliament?
1. The Function and the Virtue of Parliamentary Sovereignty
2. The Manner and Form Theory of Parliamentary Sovereignty

Part II-Understanding Modern Challenges to the Sovereignty of Parliament
3. The Non-Critical Challenges: Devolution, the Human Rights Act and Common Law Constitutionalism
4. UK Membership of the European Union
5. Jackson
6. The European Union Act 2011

Part III-The Virtue and Function of the Manner and Form Theory
7. A Democratic Justification of the Manner and Form Theory
8. The Potential Utility of the Manner and Form Theory

Series: Hart Studies in Constitutional Law

The Elusive Right to Privacy: Privacy Theory and Article 8 of the ECHR ISBN 9781849463393
To be published July 2020
Hart Publishing
£65.00
The New Labour Constitution: Twenty Years On ISBN 9781509924646
To be published April 2020
Hart Publishing
£65.00
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
Published March 2019
Hart Publishing
£65.00
£58.50 + £11.70 VAT
(ePub)
Buy
The Codes of the Constitution ISBN 9781509926817
Published January 2019
Hart Publishing
£29.99
Parliament: Legislation and Accountability ISBN 9781509925414
Published November 2018
Hart Publishing
£27.99
Parliaments and Human Rights ISBN 9781849461382
Published June 2018
Hart Publishing
Publication Abandoned
Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
£55.00
Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
£49.50 + £9.90 VAT
(ePub)
Buy
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May (eBook)
Edited by: Paul Evans
ISBN 9781509900213
Published December 2017
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
Buy
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509900206
Published December 2017
Hart Publishing
£85.00
The Codes of the Constitution (eBook) ISBN 9781509904105
Published July 2016
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
Buy
The Codes of the Constitution ISBN 9781849466813
Published July 2016
Hart Publishing
£65.00
Parliament: Legislation and Accountability ISBN 9781849467162
Published April 2016
Hart Publishing
£55.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
Published April 2016
Hart Publishing
£25.18 + £5.04 VAT
(ePub)
Buy
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849469906
Published November 2015
Hart Publishing
£25.99
£25.18 + £5.04 VAT
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
Hart Publishing
£22.99
Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
Published December 2013
Hart Publishing
£23.38 + £4.68 VAT
(ePub)
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Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849464734
Published December 2013
Hart Publishing
£55.00
The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
Published October 2012
Hart Publishing
£20.68 + £4.14 VAT
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
Published October 2012
Hart Publishing
£45.00