Parliamentary Sovereignty And The Commonwealth
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Author | : Stephen Gardbaum |
Publisher | : Cambridge University Press |
Total Pages | : 275 |
Release | : 2013-01-03 |
Genre | : Law |
ISBN | : 1107009286 |
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author | : Jeffrey Goldsworthy |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-07-22 |
Genre | : Law |
ISBN | : 1139491512 |
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 | : Jeffrey Denys Goldsworthy |
Publisher | : |
Total Pages | : 336 |
Release | : 2001 |
Genre | : |
ISBN | : |
Author | : Mark D. Walters |
Publisher | : Cambridge University Press |
Total Pages | : 479 |
Release | : 2020-11-12 |
Genre | : Biography & Autobiography |
ISBN | : 1107028477 |
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
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 | : Michael Gordon |
Publisher | : Bloomsbury Publishing |
Total Pages | : 598 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1782255818 |
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 | : Nicholas Aroney |
Publisher | : Cambridge University Press |
Total Pages | : 697 |
Release | : 2015-09-11 |
Genre | : Law |
ISBN | : 0521759188 |
This book provides an engaging and distinctive treatment for anyone seeking to understand the significance and interpretation of the Constitution.
Author | : Hakeem O. Yusuf |
Publisher | : Routledge |
Total Pages | : 245 |
Release | : 2013-12-17 |
Genre | : Law |
ISBN | : 1135081565 |
The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.
Author | : Daniele Archibugi |
Publisher | : Princeton University Press |
Total Pages | : 321 |
Release | : 2008-09-08 |
Genre | : Political Science |
ISBN | : 1400829763 |
The Global Commonwealth of Citizens critically examines the prospects for cosmopolitan democracy as a viable and humane response to the challenges of globalization. Arising after the collapse of the Soviet Union and the decisive affirmation of Western-style democracy, cosmopolitan democracy envisions a world politics in which democratic participation by citizens is not constrained by national borders, and where democracy spreads through dialogue and incentives, not coercion and war. This is an incisive and thought-provoking book by one of the world's leading proponents of cosmopolitan democracy. Daniele Archibugi looks at all aspects of cosmopolitan democracy in theory and practice. Is democracy beyond nation-states feasible? Is it possible to inform global governance with democratic norms and values, and if so, how? Archibugi carefully answers questions like these and forcefully responds to skeptics and critics. He argues that democracy can be extended to the global political arena by strengthening and reforming existing international organizations and creating new ones, and he calls for dramatic changes in the foreign policies of nations to make them compatible with global public interests. Archibugi advocates giving voice to new global players such as social movements, cultural communities, and minorities. He proposes building institutional channels across borders to address common problems, and encourages democratic governance at the local, national, regional, and global levels. The Global Commonwealth of Citizens is an accessible introduction to the subject that will be of interest to students and scholars in political science, international relations, international law, and human rights.
Author | : Greg Taylor |
Publisher | : Federation Press |
Total Pages | : 600 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781862876125 |
"[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.