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Parliamentary Sovereignty - Contemporary Debates (Hardcover)
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Parliamentary Sovereignty - Contemporary Debates (Hardcover)
Series: Cambridge Studies in Constitutional Law
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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'.
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