Parliamentary Sovereignty

Parliamentary Sovereignty
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'.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
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.

A.V. Dicey and the Common Law Constitutional Tradition

A.V. Dicey and the Common Law Constitutional Tradition
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.

Parliamentary Sovereignty in the UK Constitution

Parliamentary Sovereignty in the UK Constitution
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.

The Constitution of the Commonwealth of Australia

The Constitution of the Commonwealth of Australia
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.

Colonial and Post-colonial Constitutionalism in the Commonwealth

Colonial and Post-colonial Constitutionalism in the Commonwealth
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.

The Global Commonwealth of Citizens

The Global Commonwealth of Citizens
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.

The Parliamentary Mandate

The Parliamentary Mandate
Author: Marc van der Hulst
Publisher: Inter-Parliamentary Union
Total Pages: 162
Release: 2000
Genre: Legislators
ISBN: 9291420565

Undersøgelse af parlamentsmandatet baseret på svar på IPU-spørgeskema fra 134 parlamenter. Svarene er sammenlignet systematisk med de respektive forfatninger, lovgivning og parlamentsforretningsordener.