Parliamentary Sovereignty

Author : Jeffrey Goldsworthy
Publisher : Cambridge University Press
ISBN 13 : 1139491512
Total Pages : pages
Book Rating : 4.18/5 ( download)

DOWNLOAD NOW!

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'.

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.88/5 ( download)

DOWNLOAD NOW!

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Author : Jeffrey Denys Goldsworthy
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.39/5 ( download)

DOWNLOAD NOW!

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:

Author : Alison L Young
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314732
Total Pages : 200 pages
Book Rating : 4.34/5 ( download)

DOWNLOAD NOW!

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 200 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.

Author : Mark D. Walters
Publisher : Cambridge University Press
ISBN 13 : 1107028477
Total Pages : 479 pages
Book Rating : 4.70/5 ( download)

DOWNLOAD NOW!

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.

Author : Michael Gordon
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255818
Total Pages : 262 pages
Book Rating : 4.19/5 ( download)

DOWNLOAD NOW!

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 262 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.

Author : Nicholas Phillipson
Publisher : Cambridge University Press
ISBN 13 : 052139242X
Total Pages : 462 pages
Book Rating : 4.26/5 ( download)

DOWNLOAD NOW!

Download or read book Political Discourse in Early Modern Britain written by Nicholas Phillipson and published by Cambridge University Press. This book was released on 1993-02-26 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the work of intellectual historian J. G. A. Pocock, this 1993 collection explores the political ideologies of early modern Britain.

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.77/5 ( download)

DOWNLOAD NOW!

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.

Author : Jeffrey L. Jowell
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 496 pages
Book Rating : 4.07/5 ( download)

DOWNLOAD NOW!

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.

Author : T.R.S. Allan
Publisher : Oxford University Press
ISBN 13 : 0199685061
Total Pages : 370 pages
Book Rating : 4.66/5 ( download)

DOWNLOAD NOW!

Download or read book The Sovereignty of Law written by T.R.S. Allan and published by Oxford University Press. This book was released on 2013-07-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.