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Parliamentary Sovereignty

Author: Jeffrey Goldsworthy

Publisher: Cambridge University Press

Published: 2010-07-22

Total Pages:

ISBN-13: 1139491512

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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'.

Book Synopsis Parliamentary Sovereignty by : Jeffrey Goldsworthy

Download or read book Parliamentary Sovereignty written by Jeffrey Goldsworthy and published by Cambridge University Press. This book was released on 2010-07-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.

A.V. Dicey and the Common Law Constitutional Tradition

Author: Mark D. Walters

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 479

ISBN-13: 1107028477

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

Book Synopsis A.V. Dicey and the Common Law Constitutional Tradition by : Mark D. Walters

Download or read book A.V. Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.

The Sovereignty of Parliament

Author: Jeffrey Denys Goldsworthy

Publisher:

Published: 2001

Total Pages: 336

ISBN-13:

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Book Synopsis The Sovereignty of Parliament by : Jeffrey Denys Goldsworthy

Download or read book The Sovereignty of Parliament written by Jeffrey Denys Goldsworthy and published by . This book was released on 2001 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Parliamentary Sovereignty and the Human Rights Act

Author: Alison L Young

Publisher: Bloomsbury Publishing

Published: 2008-12-05

Total Pages: 196

ISBN-13: 1847314732

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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.

Book Synopsis Parliamentary Sovereignty and the Human Rights Act by : Alison L Young

Download or read book Parliamentary Sovereignty and the Human Rights Act written by Alison L Young and published by Bloomsbury Publishing. This book was released on 2008-12-05 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

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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.

Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Changing Constitution

Author: Jeffrey L. Jowell

Publisher: Oxford University Press, USA

Published: 1989

Total Pages: 496

ISBN-13:

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Previous edition, 1st, published in 1985.

Book Synopsis The Changing Constitution by : Jeffrey L. Jowell

Download or read book The Changing Constitution written by Jeffrey L. Jowell and published by Oxford University Press, USA. This book was released on 1989 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1985.

The Judicial Mind

Author: Brice Dickson

Publisher: Bloomsbury Publishing

Published: 2021-11-11

Total Pages: 432

ISBN-13: 1509944796

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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.

Book Synopsis The Judicial Mind by : Brice Dickson

Download or read book The Judicial Mind written by Brice Dickson and published by Bloomsbury Publishing. This book was released on 2021-11-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Parliamentary Sovereignty in the UK Constitution

Author: Michael Gordon

Publisher: Bloomsbury Publishing

Published: 2015-04-30

Total Pages: 598

ISBN-13: 1782255818

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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.

Book Synopsis Parliamentary Sovereignty in the UK Constitution by : Michael Gordon

Download or read book Parliamentary Sovereignty in the UK Constitution written by Michael Gordon and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Is the sovereignty of the UK Parliament a meaningless concept and should it be abandoned?

Author: Roy Whymark

Publisher: GRIN Verlag

Published: 2013-01-09

Total Pages: 9

ISBN-13: 3656348073

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Seminar paper from the year 2011 in the subject Politics - Region: Western Europe, grade: 77%, Birkbeck, University of London (University of London), course: Contemporary British Politics, language: English, abstract: This paper considers whether the concept of ‘parliamentary sovereignty’ is a reality in the modern United Kingdom. To frame the boundaries of this essay, ‘parliamentary’ is taken as referring to action taken by the Westminster-based tripartite authorities of the House of Commons, the House of Lords and the British monarchy. Since an incontrovertible definition of ‘sovereignty’ is more difficult, I turn to Dicey (1915) who uses two criteria. Firstly, Parliament has ‘the right to make or unmake any law’, and secondly ‘no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament’. Taking these together, I define ‘parliamentary sovereignty’ as a concept which considers that the Westminster Parliament has complete control over the legal affairs of the UK and that no individual or body can override any Act of Parliament. This also incorporates the Diceyan concept that no Parliament can bind its successor. In recent decades, the reality of parliamentary sovereignty has been increasingly questioned due to a number of constitutional changes. In particular, this paper considers the impact on parliamentary sovereignty of: (i) membership of the European Union; (ii) the passing of the Human Rights Act; (iii) the changing role of the judiciary; and (iv) devolution.

Book Synopsis Is the sovereignty of the UK Parliament a meaningless concept and should it be abandoned? by : Roy Whymark

Download or read book Is the sovereignty of the UK Parliament a meaningless concept and should it be abandoned? written by Roy Whymark and published by GRIN Verlag. This book was released on 2013-01-09 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2011 in the subject Politics - Region: Western Europe, grade: 77%, Birkbeck, University of London (University of London), course: Contemporary British Politics, language: English, abstract: This paper considers whether the concept of ‘parliamentary sovereignty’ is a reality in the modern United Kingdom. To frame the boundaries of this essay, ‘parliamentary’ is taken as referring to action taken by the Westminster-based tripartite authorities of the House of Commons, the House of Lords and the British monarchy. Since an incontrovertible definition of ‘sovereignty’ is more difficult, I turn to Dicey (1915) who uses two criteria. Firstly, Parliament has ‘the right to make or unmake any law’, and secondly ‘no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament’. Taking these together, I define ‘parliamentary sovereignty’ as a concept which considers that the Westminster Parliament has complete control over the legal affairs of the UK and that no individual or body can override any Act of Parliament. This also incorporates the Diceyan concept that no Parliament can bind its successor. In recent decades, the reality of parliamentary sovereignty has been increasingly questioned due to a number of constitutional changes. In particular, this paper considers the impact on parliamentary sovereignty of: (i) membership of the European Union; (ii) the passing of the Human Rights Act; (iii) the changing role of the judiciary; and (iv) devolution.