Franklin

Parliamentary sovereignty : contemporary debates / Jeffrey Goldsworthy.

Author/Creator:
Goldsworthy, Jeffrey Denys, author.
Publication:
Cambridge : Cambridge University Press, 2010.
Series:
Cambridge studies in constitutional law ; 1.
Cambridge studies in constitutional law ; 1
Format/Description:
Book
1 online resource (xii, 326 pages) : digital, PDF file(s).
Subjects:
Great Britain. Parliament.
Legislative power -- Great Britain.
Legislation -- Great Britain.
Law -- Great Britain -- Interpretation and construction.
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'.
Contents:
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.
Notes:
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Other format:
Print version:
ISBN:
9780511781490 (ebook)
9780521884723 (hardback)
9780521140195 (paperback)
Access Restriction:
Restricted for use by site license.
Loading...
Location Notes Your Loan Policy
Description Status Barcode Your Loan Policy