Parliamentary Sovereignty: Contemporary Debates by Jeffrey GoldsworthyParliamentary Sovereignty: Contemporary Debates by Jeffrey Goldsworthy

Parliamentary Sovereignty: Contemporary Debates

byJeffrey Goldsworthy

Paperback | August 30, 2010

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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'.
Title:Parliamentary Sovereignty: Contemporary DebatesFormat:PaperbackProduct dimensions:340 pages, 8.98 × 5.98 × 0.71 inShipping dimensions:8.98 × 5.98 × 0.71 inPublished:August 30, 2010Publisher:Cambridge University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0521140196

ISBN - 13:9780521140195

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Table of Contents

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.

Editorial Reviews

'Professor Goldsworthy's thoughts on sovereignty are always challenging and important, often combative, and rarely easy to dismiss. It is extremely useful for those interested in the area to have his views in one volume ... There is a great deal to be admired in Parliamentary Sovereignty ... [which] is another important contribution by Professor Goldsworthy to a topic which is returning to the front line of constitutional debate ... Goldsworthy is deservedly one of the most well known of those representing a coherent, historical and democracy-based argument for parliamentary sovereignty in its classical form. His new book is an important contribution to an important contemporary debate. It presents a real and continuing challenge to the idea that common law constitutionalism is the new orthodoxy, and for that both supporters and opponents should be grateful.' C. J. S. Knight, Law Quarterly Review