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| | Parliamentary sovereignty - Wikipedia, the free encyclopedia |
 | | Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. | | | Parliamentary sovereignty contrasts with most notions of judicial review, where a court may overturn legislation deemed unconstitutional. | | | Specific instances of parliamentary sovereignty exist in the United Kingdom and New Zealand. |
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http://en.wikipedia.org/wiki/Parliamentary_sovereignty
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| | RULE BRITANNIA |
| | Parliamentary sovereignty is not, as some English lawyers assume, an a priori necessity of the English legal system, beyond doubt or disagreement. | | | The rejection of parliamentary sovereignty and the adoption of judicial review in the United States relates to Goldsworthy's second argument in defence of sovereignty. | | | The English judiciary's historical acceptance of Parliament's sovereignty is the theoretical prerequisite to its doctrinal force. |
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http://www.utpjournals.com/product/utlj/523/523_edlin.html
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| | [No title] |
| | As to the insusceptibility (or otherwise) of parliamentary supremacy, the Court of Appeal in | | | There is a limited retention of parliamentary sovereignty in many areas of European concern, since the UK has limited powers to determine penalties for breach of EU law, and since the option is often left open in directives not to implement parts of the directive. | | | They are a derogation from parliamentary sovereignty in that parliamentary sovereignty is as much the right not to make laws as the right to make them. |
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http://members.lycos.co.uk/lawnet/EUROPE.HTM
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| | SOVEREIGNTY AND THE EUROPEAN COMMUNITIES |
| | Internally within the United Kingdom, the notion of sovereignty is bound up with the doctrine of Parliamentary Sovereignty, which in turn is the outcome of the battle between Crown and Parliament as to which should wield supreme power in the land. | | | Sovereignty was initially invoked to describe the powers of the ruler within his State. | | | We have examined the two main aspects of sovereignty: external and parliamentary sovereignty will be limited, while in the case of parliamentary sovereignty it will be real and novel but not likely to damage British interests. |
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http://www.sovereignty.org.uk/siteinfo/newsround/fcosov.html
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| | Appendix F Parliamentary Sovereignty - www.constitutional.parliament.govt.nz |
| | Consistent with the doctrine of parliamentary sovereignty, the courts’ inherent supervisory jurisdiction does not entitle it to disapply legislation. | | | Some commentators have therefore suggested that if the doctrine of parliamentary sovereignty is based in the common law, there is nothing to prevent the judiciary from either refusing to continue to recognise it (for example, by disapplying objectionable legislation) or re-examining its precise scope. | | | In this way the courts of the United Kingdom, through acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document. |
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http://www.constitutional.parliament.govt.nz/templates/Page.aspx?id=383
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| | [No title] |
| | Indeed that is the sovereign objection to parliamentary sovereignty | | | Retrospective legislation is a clear indication of the legal sovereignty of parliament. | | | It is generally accepted, however, that the doctrine of Parliamentary Sovereignty means that there are no legal limits upon the legislative competence of Parliament. |
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http://users.ox.ac.uk/~lawf0013/P'SOV199.htm
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| | PlanetPapers - parliamentary sovereignty |
| | The doctrine of parliamentary sovereignty is about the relationship between those who create the Acts (Parliament) and those who must apply them (courts). | | | Therefore to conclude it would seem that Parliamentary sovereignty is not a question of being more about the courts than about Parliament, or vice versa, it is about the two bodies working together to try and apply the law fairly. | | | It is true however that when we talk about Parliamentary sovereignty we are not talking about Parliament having complete control as the courts do hold a certain amount of power. |
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http://www.planetpapers.com/Assets/5221.php
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| | Sovereignty and Democracy in the European Union - Speech by Chris Patten |
| | The concept of sovereignty is a difficult one because there is often confusion between sovereignty de jure the supreme legal authority; and sovereignty de facto - the ability to induce men to take a desired course of action. | | | In the modern world, national sovereignty will be exercised at different levels, with delegation sometimes downwards to regional and local authorities, and sometimes upwards to groupings of nations such as the EU; and even to the global level, for example by recognising the authority of an International Criminal Court. | | | So the proper question is not whether participation in the EU is a treasonable abdication of sovereignty, as some opponents have sought to prove in the courts. |
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http://europa.eu.int/comm/external_relations/news/patten/speech_00_402.htm
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| | E Law: Sovereignty in British Legal Doctrine - Text |
| | On the basis of these premises it was not possible to accept the possibility that judges would control or annul parliamentary legislation when Parliament breached natural law, the common law or statute law. | | | In this respect Pocock wrote that it had already being spoken in the past of a mixed monarchy, in the sense of a mixture of monarchy and law or of an equilibrium between the primacy of the monarch and the supremacy of the law. | | | It links and compels all nations and at all times; no human law is valid if it contradicts it; and the validity, strength and authority of human laws derive, directly or indirectly from the natural law[154] A thesis that is completely irreconcilable with his rotund affirmation of parliamentary sovereignty. |
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http://www.murdoch.edu.au/elaw/issues/v6n3/suanzes63_text.html
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| | The Failure of Dual Sovereignty: The British Empire and the United States |
| | Finally, McLaughlin considered Dickinson's theory of divided sovereignty, although it went dormant for a time under the onslaught of legalism from Knox and Hutchinson, to have been resurrected in the "dual federalism" of the United States Constitution. | | | The old Empire collapsed as a result of the dogmatic refusal of the contending parties to divide sovereignty between the component parts of a federal state. | | | The only refutation he found necessary was the fait accompli of history; but whether the facts of history refute the traditional doctrine of indivisible sovereignty, or, as this article contends, bear them out, depends on a serious consideration of the legal arguments--and such consideration was beneath Professor McLaughlin's dignity. |
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http://www.mutualist.org/id22.html
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| | The EU versus the UK |
| | The Court of Appeal held that under English common law (the doctrine of Parliamentary sovereignty) the courts had no power to suspend, by way of an interim relief, the application of acts of Parliament. | | | The courts in finding that a certain act is in direct conflict with Community law must assume that Parliament's legislating in this way was not intentional and refuse to give direct effect to such an act. | | | Merchant Shipping Act followed an intention expressed by Parliament in Section 2(4) of the 1972 Act and fulfilled their obligation under both Community law and UK law (the doctrine of parliamentary sovereignty). |
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http://clr.prf.cuni.cz/clanek.php?clanek=68
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| | German Law Journal - The Doctrine of Parliamentary Sovereignty in Comparative Perspective |
| | Particularly in the case of highly controversial issues such as the Gambling Bill 2004 or the reduction of the age of consent for homosexual acts, the MSPs have been accused of ceding the legislative initiative to the UK Parliament in order to avoid political responsibility. | | | The legal status of the ECHR and its relation to parliamentary legislation is also evaluated differently in the two countries. | | | For the German-trained lawyer, the process of coming to terms with the constitutional law of the United Kingdom can be disconcerting. |
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http://www.germanlawjournal.com/article.php?id=606
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| | Assess the impact that Britain's union with Europe has had on the Doctrine of Parliamentary Sovereignty |
| | Using the Von Colson principle (national courts are required to interpret national law in the light of the wording and the purpose of the directive) the ECJ concluded that domestic law must be interpreted in conformity with the implemented directive. | | | This means that national courts must apply a directive even if it has not been implemented into domestic law, therefore undermining parliamentary sovereignty. | | | In her article 'The Undeniable Supremacy of EC Law' (1993) New Law Journal, Emma Chown notes that however reluctant some may be to acknowledge it, community law takes precedence over our domestic law. |
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http://www.coursework.info/i/532.html
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| | A. V. Dicey: Law of the Constitution |
| | The principle, therefore, of parliamentary sovereignty means neither more nor less than this, namely that "Parliament" has "the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament," | | | In these circumstances it is arguable that the Parliament Act has transformed the sovereignty of Parliament into the sovereignty of the King and the House of Commons. | | | A student may ask what is the good of insisting upon the absolute sovereignty of Parliament in relation to the Dominions when it is admitted that Parliament never gives, outside the United Kingdom, and probably never will give, full effect to this asserted and more or less fictitious omnipotence. |
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http://www.constitution.org/cmt/avd/law_con.htm
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| | Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics. |
| | However Dr Bonham's case in 1610 it was said, when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed the common law will control it and decide such act to be void. | | | Coursework and Essays: By Level: A2 and A-Level: Politics: United Kingdom: Scope of Parliamentary Sovereignty as defined by Dicey, and arguments against it by various academics | | | Parliament and the courts have been careful not to act so as to cause conflict between them. |
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http://www.coursework.info/i/512.html
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| | Table of contents for The constitution of independence |
| | Theoretical Approaches to Sovereignty and Legal Systems 285 Sovereignty of parliament revisited 286 General theories of law and legal system: Kelsen and Hart 291 The possibility of self-embracing laws 295 Continuity and legal systems 297 Change in the ultimate rule of recognition 301 Monist and pluralist perspectives relating to legal system 310 Summary 311 13. | | | Conclusion 337 'Normal' constitutional development and 'micro' analysis; sovereignty 338 Choosing between continuing and self-embracing sovereignty: the inadequacy of legal reasons 339 'Normal' constitutional development and 'macro' analysis: legal system 342 The development of constitutional theory in Australia, Canada and New Zealand 344 The importance of constitutional theory 349 Bibliography 351 Index 00 | | | Introduction 1 Constitutional continuity and constitutional independence 1 Sovereignty and legal system 2 Rule of law and constitutional continuity: disguised revolutions and popular acceptance 4 Having the constitutional cake and eating it too: sovereignty and legal system reconsidered 7 An alternative account 8 Puzzles regarding legal systems 11 Why reconsider constitutional independence in the Commonwealth? |
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http://www.loc.gov/catdir/toc/ecip055/2004029483.html
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| | Unlimited Parliamentary sovereignty |
| | The fact that Parliamentary supremacy is an English principle which does not apply to Scotland was confirmed in a famous legal judgement by Lord Cooper, of the First Division of the Court of Session: | | | 'The principle of the unlimited sovereignty of Parliament is a distinctly English principle which has no counterpart in Scottish constitutional law.' | | | With hindsight, had a new British Parliament been set up at say, York, rather than Westminster, the present constitutional crisis might have been avoided. |
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http://www.alba.org.uk/devolution/cooper.html
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| | [No title] |
| | Sovereignty, the Rule of Law, democracy, devolution, and the protection of human rights. | | | By the end of this course of lectures students should be able to: Assess alternatives to the scheme adopted by the Human Rights Act, 1998 for incorporating the ECHRFF into domestic law. | | | The doctrine does not seem as solidly founded in legal authority, actual practice, or philosophical argument, as its pre-eminent position in constitutional theory would warrant. |
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http://users.ox.ac.uk/~lawf0013/P'SOV-HO2001.htm
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| | Talk:Parliamentary sovereignty - Wikipedia, the free encyclopedia |
| | In both theory and practice, it does not - the European Communities Act of 1972 states that EU (then EC) law overrides UK law when the two are in contradiction. | | | Thus, the UK parliament does not have parliamentary sovereignty. | | | EU law is superior to UK law, but the UK Parliament *could* repeal the European Communities Act. |
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http://en.wikipedia.org/wiki/Talk:Parliamentary_sovereignty
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| | Discussion |
| | This problem of Parliament and therefore de facto the lower house being the only source of legality and legitimacy for political action has only been sharpened by the change during the 20th century, which has seen political party reason become the determining structural characteristic. | | | The omnipotence of parliament and the majority party and might the Queen have to sign her own death warrant? | | | Reformers would like to see British citizens given legal authority to protect them against chance parliamentary majorities. |
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http://www.dadalos.org/int/parteien/Grundkurs4/GB/diskussion.htm
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| | OUP: Sovereignty of Parliament: Goldsworthy |
| | The critics also argue that it is based on a misunderstanding of the relationship between statutory and common law, and is morally indefensible. | | | It holds that Parliament has unlimited legislative authority, and that the courts have no authority to judge statutes invalid. | | | Professor Goldsworthy goes on to identify many different reasons why persuaded statesmen, lawyers, and political theorists have endorsed the doctrine. |
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http://www.oup.co.uk/isbn/0-19-826893-9
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| | Sovereignty |
| | Therefore courts can scrutinise Acts of Parliament, refer them to the European Court of Justice and even suspend those Acts. | | | Also backed by the Civil Service ‘machine’ it is easy to argue that sovereignty actually lies with the executive not Parliament. | | | Parliamentary Sovereignty is regarded as the main principle of the British Constitution. |
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http://www.thinkhistory.btinternet.co.uk/sovereignty.htm
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| | Cataga: UK Admissions Test Preparation |
| | This is achieved by a process which has become known as ‘entrenching a measure within the legal system.’ | | | (c) Dicean Parliamentary supremacy is a common law rule | | | (a) Through the ordinary Parliamentary process the procedure of creating an Act of Parliament can be altered so as to bind future Parliaments |
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http://www.bmatprep.com/SampleLNAT.htm
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| | AMERICAN FUTURE: Sovereignty |
| | Perhaps the referenda's results will prompt a reconsideration by Europeans of the desirability of recently-created institutions -- such as the International Criminal Court (ICC) -- that impose limitations on sovereignty. | | | And, if an attachment to sovereignty is shown not to be a fetish of the Republican party, the Democrats will be forced -- much to their chagrin -- into an about-face. | | | Since this is precisely the reason that the US has refused to become a member of such institutions, one source of European anti-Americanism may whither away. |
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http://americanfuture.typepad.com/american_future/sovereignty
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| | catallaxy » Blog Archive » Popper Seminar Part 7 The danger of Parliamentary sovereignty and the potential ... |
| | The process may be complicated if there is an upper house where a majority is required as well, but the point is that the capacity for revolutionary and destructive legislation is always on the cards as long as the doctrine of Parliamentary Sovereignty is widely accepted. | | | It is apparent from Popper’s critique of sovereignty that majority rule is no better than any other tyranny unless it is limited. | | | But it gets worse because the unthinking acceptance of the doctrine of majority rule has flowed on into the doctrine of Parliamentary Sovereignty. |
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http://badanalysis.com/catallaxy/index.php?p=678
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