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Parliamentary sovereignty : contemporary debates / Jeffrey Goldsworthy.

By: Material type: TextTextSeries: Cambridge studies in constitutional lawPublication details: Cambridge ; New York : Cambridge University Press, 2010.Description: xii, 326 p. ; 24 cmISBN:
  • 9780521884723
  • 9780521140195 (pbk.)
Subject(s): DDC classification:
  • 342.41052 GOL 22
Online resources:
Contents:
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.
Summary: "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'"--
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Holdings
Item type Current library Collection Call number Vol info Status Date due Barcode Item holds
Book - Borrowing Book - Borrowing Central Library First floor Baccah 342.41052 GOL (Browse shelf(Opens below)) 26080 Available 000033092
Book - Borrowing Book - Borrowing Central Library First floor Baccah 342.41052 GOL (Browse shelf(Opens below)) 26080 Available 000033091
Total holds: 0

Index : p. 319-326.

Includes bibliographical references.

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.

"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'"--

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