Author: Jeffrey Goldsworthy Publisher: Cambridge University Press ISBN: 1139491512 Category : Law Languages : en Pages :
Book Description
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: 134917968X Category : Social Science Languages : en Pages : 729
Book Description
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: Martin Belov Publisher: Routledge ISBN: 1000707970 Category : Law Languages : en Pages : 189
Book Description
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: Nicholas Phillipson Publisher: Cambridge University Press ISBN: 052139242X Category : History Languages : en Pages : 462
Book Description
Inspired by the work of intellectual historian J. G. A. Pocock, this 1993 collection explores the political ideologies of early modern Britain.
Author: Alison L Young Publisher: Bloomsbury Publishing ISBN: 1847314732 Category : Law Languages : en Pages : 196
Book Description
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: Michael Gordon Publisher: Bloomsbury Publishing ISBN: 1782255818 Category : Law Languages : en Pages : 598
Book Description
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: Philip Norton Publisher: Manchester University Press ISBN: 1526145464 Category : Political Science Languages : en Pages : 212
Book Description
Who governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules? The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.
Author: Jeffrey Goldsworthy
Author: A.V. Dicey
Author: Mark D. Walters
Author: Martin Belov
Author: Nicholas Phillipson
Author: Jeffrey Denys Goldsworthy
Author: Alison L Young
Author: Michael Gordon
Author: Jeffrey L. Jowell
Author: Philip Norton