Parliamentary Sovereignty: Contemporary Debates (Cambridge Studies in Constitutional Law, Series Number 1)

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'-- Introduction -- The Myth Of The Common Law Constitution -- Legislative Sovereignty And The Rule Of Law -- Homogenising Constitutions -- Abdicating And Limiting Parliament's Sovereignty -- Trethowan's Case -- Requirements As To Procedure Or Form For Legislating -- Judicial Review, Legislative Override, And Democracy -- Parliamentary Sovereignty And Statutory Interpretation -- Challenging Parliamentary Sovereignty: Past, Present And Future. Jeffrey Goldsworthy. Includes Bibliographical References And Index. "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'"-- Provided by publisher Cover......Page 1 Frontmatter......Page 2 Contents......Page 6 Detailed table of contents......Page 8 Acknowledgments......Page 12 1 - Introduction......Page 14 2 - The myth of the common law constitution......Page 27 3 - Legislative sovereignty and the rule of law......Page 70 4 - Homogenising constitutions......Page 92 5 - Abdicating and limiting Parliament's sovereignty......Page 119 6 - Trethowan's case......Page 154 7 - Requirements as to procedure or form for legislating......Page 187 8 - Judicial review, legislative override, and democracy......Page 215 9 - Parliamentary sovereignty and statutory interpretation......Page 238 10 - Challenging parliamentary sovereignty: Past, present and future......Page 280 Index......Page 332 Machine generated contents note: 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. This text explores the past, present and possible future of parliamentary sovereignty, how recent constitutional developments have affected it, the relationship between Parliament, the courts and the protection of human rights, and how Parliament can effectively control its own sovereign authority