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Parliamentary Sovereignty

Parliamentary Sovereignty

Hardcover

Series: Cambridge Studies in Constitutional Law, Book 1

General LawGeneral Political Science

ISBN10: 0521884721
ISBN13: 9780521884723
Publisher: Cambridge University Press
Published: Jul 22 2010
Pages: 340
Weight: 1.45
Height: 0.80 Width: 5.90 Depth: 9.00
Language: English
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'.

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