... with the constitution’s legal forms and fiction, it does so through two case studies. Both involve basic orthodox constitutional legal doctrines—parliamentary sovereignty and the rule of law—with which Dicey has long been associated. The one case study is of Parliament’s sovereignty, limitless in law, and limited...

... of constitutional statutes, and also address the implications for the doctrine of parliamentary sovereignty. Nor is the technique simply of academic interest. A backward-facing reprioritising regime has already been established in the legislation governing UK withdrawal from the EU. Lastly, the argument may...

...Stuart G White Parliamentary sovereignty implies that no external body can find Parliament’s laws invalid with reference to some higher set of laws. In addition, on Dicey’s view, Parliament’s sovereignty is ‘continuing’ rather than ‘self-embracing’ ( Hart, 1994 [1961] ). As sovereign, it can always...

... seriously under the proposed approach. constitutional statutes parliamentary sovereignty legislative history Dicey National Health Service (NHS) 25 July 1991: The Dangerous Dogs Act 1991 is enacted after a series of dog attacks in the UK. The aim of this Act is to prohibit the possession of dogs...

... legislature’s powers. statutory interpretation evidence legal reasoning parliamentary sovereignty Imagine an ordinary case, about an ordinary statute, heard by an ordinary judge. The statute could conceivably be given two interpretations, A or B, and the issue is which interpretation...

... movements becoming authoritarian. Having established these difficulties, it then suggests a series of possible reforms. More fundamentally, it argues that it is time to revisit why we regard parliamentary sovereignty as the key principle of the UK constitution, arguing that we need to see this principle...

...Stuart Lakin A review of M Gordon, Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy (Hart Publishing 2015). University of Reading. Email: [email protected] . I am grateful to Professor Liz Fisher for her very helpful comments and editorial...

... parliamentary sovereignty In many constitutional regimes, constitutional powers atrophy over time. Although at one point, the power is explicitly established in a written constitution or solidly based in constitutional conventions, the power gradually sinks into desuetude, and at a later time actors...

...Vernon Bogdanor ^† A review of Jeffrey Goldsworthy, Parliamentary Sovereignty: Contemporary Debates (CUP 2010) (hereinafter Contemporary Debates). © The Author 2011. Published by Oxford University Press. All rights reserved. For permissions, please e-mail...

... sovereignty uncertainty indeterminacy social rules The doctrine of parliamentary sovereignty is under increasing pressure. In less than two decades, British constitutional law has progressed from a situation where the doctrine was said to be ‘hard to question … without appearing to lose touch with reality...

..., the principle of legality and its requirements, the role of parliament, the paradox of parliamentary sovereignty, and common law. discrimination English law freedom of expression freedoms fundamental liberties police powers protests censorship contempt of court emergency powers government human...

... of parliamentary sovereignty had antecedents that J. C. D. Clark dates back to the English Reformation. ⁴¹ The concept certainly became more fully evolved as a result of the Revolutionary Settlement of 1688–9 that required that the Crown summoned Parliament at least once a year in order to vote...

... of parliamentary sovereignty were already beginning to be articulated. It was here that the foundations of the ‘Tudor revolution in government’ were being laid....

... is able to always prevail when interacting with the other institution. The chapter assesses the extent to which these assumptions are met in the UK constitution. In particular, it focuses on the argument that, given parliamentary sovereignty, dialogue cannot apply in the UK constitution. The chapter...

... of the doctrine of legislative supremacy on the development and implementation of rights instruments in New Zealand and Australia. dialogue model entrenchment International Covenant on Civil and Political Rights interpretation New Zealand Bill of Rights Act 1990 parliamentary sovereignty religion...

... interpretation judicial review judiciary new Commonwealth model of constitutionalism parliamentary sovereignty scrutiny of legislation United States Australian Capital Territory ACT Human Rights Act creation of Bills of Rights Human Rights Act 1998 regional human rights courts lack of Victorian...

... signs of a retreat from the principle of parliamentary sovereignty was the passage of the European Communities Act and the Factortame case. Bibliography Official publications Select Committee on Procedure, Report (1931–2), HC 129. Select Committee on Procedure, First Report...

... contributed to the creation of one fiction — that of parliamentary sovereignty. He also contributed largely through popularising the notion. The chapter starts by describing the territorial nature of the UK. The caricatures, polemics and principles of Dicey are reported. His work, thinking and interpretations...

... of parliamentary sovereignty has obscured too long the fact that the “Tory” Blackstone was no Jacobite. Blackstone Sir William Drayton William Henry Gadsden Christopher Timothy Peter Wragg William American Revolution Charleston South Carolina newspaper and pamphlet debate of 1769–76 in McCrady E McKenzie...

... by the superior common law courts through the prerogative writs, emphasizing in particular protections of liberty provided by the writ of habeas corpus. ⁶¹ The spirit of legality implied, second, ‘parliamentary sovereignty’, the idea that ultimate sovereign power in the state vested in the legislature...