Parliamentary Sovereignty: Contemporary Debates

ISBN-13: 9780521140195 / Angielski / Miękka / 2010 / 340 str.

Jeffrey Goldsworthy

Opis

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'."

Recenzje

'[A] detailed and comprehensive endeavour to explain the doctrine of parliamentary sovereignty and its main implications … a welcome addition to the existing literature … Goldsworthy's discussion of this topic is both well covered, interestingly presented and rich with arguments … On the whole, the author's thorough research and his critical analysis of the mentioned topics is what makes Parliamentary Sovereignty an instructive, thought-provoking and interesting read.' Tina Orsolic, European Constitutional Law Review

Spis treści

1. Introduction; 2. The myth of the common law constitution; 3. Legislative sovereignty and the rule of law; 4. Homogenising constitutions; 5. Abdicating and limiting Parliament's sovereignty; 6. Trethowan's case; 7. Requirements as to procedure or form for legislating; 8. Judicial review, legislative override, and democracy; 9. Parliamentary sovereignty and statutory interpretation; 10. Challenging parliamentary sovereignty: past, present and future.