Parliamentary sovereignty : contemporary debates / Jeffrey Goldsworthy.
2010
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Details
Title
Parliamentary sovereignty : contemporary debates / Jeffrey Goldsworthy.
Imprint
Cambridge : Cambridge University Press, 2010.
Description
1 online resource (xii, 326 pages) : digital, PDF file(s).
Series
Cambridge studies in constitutional law ; 1.
Formatted Contents Note
Introduction
The myth of the common law constitution
Legislative sovereignty and the rule of law
Homogenising constitutions
Abdicating and limiting Parliament's sovereignty
Trethowan's case
Requirements as to procedure or form for legislating
Judicial review, legislative override, and democracy
Parliamentary sovereignty and statutory interpretation
Challenging parliamentary sovereignty: past, present and future.
The myth of the common law constitution
Legislative sovereignty and the rule of law
Homogenising constitutions
Abdicating and limiting Parliament's sovereignty
Trethowan's case
Requirements as to procedure or form for legislating
Judicial review, legislative override, and democracy
Parliamentary sovereignty and statutory interpretation
Challenging parliamentary sovereignty: past, present and future.
Summary
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'.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511781490 ebook
9780521884723 (hardback)
9780521140195 (paperback)
9780521884723 (hardback)
9780521140195 (paperback)
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