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


ISBN13: 9781849464659
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509915422



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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 May 2028
Hart Publishing
£65.00
Parliamentary Sovereignty: A Sceptical Restatement ISBN 9781509968985
To be published October 2027
Hart Publishing
£42.99
Lobbying, Democracy and Public Trust ISBN 9781509955886
To be published September 2027
Hart Publishing
£42.99
Making and Amending the Constitution ISBN 9781782258278
To be published March 2026
Hart Publishing
£65.00
Regency, Counsellors of State, and the Future of the Modern Monarchy ISBN 9781509976904
To be published August 2025
Hart Publishing
£85.00
Essays on Freedom and Proportionality ISBN 9781509973804
To be published May 2025
Hart Publishing
£90.00
Nationhood, Executive Power and the Australian Constitution ISBN 9781509942367
Published February 2024
Hart Publishing
£42.99
The New Labour Constitution: Twenty Years On ISBN 9781509957255
Published September 2023
Hart Publishing
£44.99
Parliament and the Law 3rd ed ISBN 9781509934096
Published September 2022
Hart Publishing
£95.00
Parliament and the Law 3rd ed (eBook) ISBN 9781509934102
Published September 2022
Hart Publishing
£40.49
(ePub)
Buy
Nationhood, Executive Power and the Australian Constitution ISBN 9781509942329
Published September 2022
Hart Publishing
£90.00
Nationhood, Executive Power and the Australian Constitution (eBook) ISBN 9781509942336
Published September 2022
Hart Publishing
£38.69
(ePub)
Buy
The New Labour Constitution: Twenty Years On ISBN 9781509924646
Published March 2022
Hart Publishing
£95.00
The New Labour Constitution: Twenty Years On (eBook) ISBN 9781509924653
Published March 2022
Hart Publishing
£40.49
(ePub)
Buy
Proportionality and Facts in Constitutional Adjudication (eBook) ISBN 9781509936991
Published January 2022
Hart Publishing
£38.69
(ePub)
Buy
Proportionality and Facts in Constitutional Adjudication ISBN 9781509936984
Published January 2022
Hart Publishing
£90.00
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
Published October 2020
Hart Publishing
£36.99
Parliament and the Law 2nd ed ISBN 9781509939633
Published June 2020
Hart Publishing
Out of print
Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509937523
Published April 2020
Hart Publishing
£44.99
Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
Published March 2019
Hart Publishing
£85.00
£33.29
(ePub)
Buy
The Codes of the Constitution (eBook) ISBN 9781509904105
Published January 2019
Hart Publishing
£31.49
(ePub)
Buy
The Codes of the Constitution ISBN 9781509926817
Published January 2019
Hart Publishing
£34.99
Parliament: Legislation and Accountability ISBN 9781509925414
Published November 2018
Hart Publishing
£33.99
Parliaments and Human Rights ISBN 9781849461382
Published June 2018
Hart Publishing
Publication Abandoned
Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
Out of print
Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
Out of print
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
£40.49
(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
£120.00
The Codes of the Constitution ISBN 9781849466813
Published September 2016
Special offer (limited stock)
£90.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
Published June 2016
Hart Publishing
£30.59
(ePub)
Buy
Parliament: Legislation and Accountability ISBN 9781849467162
Published June 2016
Hart Publishing
£80.00
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849469906
Published November 2015
Hart Publishing
£31.99
£30.59
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
Published August 2014
Hart Publishing
£27.99
Law in Politics, Politics in Law
Edited by: David Feldman
ISBN 9781849464734
Published December 2013
Hart Publishing
£80.00
Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
Published December 2013
Hart Publishing
£28.79
(ePub)
Buy
The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
Published October 2012
Hart Publishing
£70.00
The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
Published October 2012
Hart Publishing
£25.19
(ePub)
Buy