Parliamentary Sovereignty: Contemporary Debates (Cambridge Studies in Constitutional Law, Series Number 1)
Cambridge University Press, 7/22/2010
EAN 9780521140195, ISBN10: 0521140196
Paperback, 340 pages, 22.8 x 15.2 x 2 cm
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'.
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.