tailieunhanh - PARLIAMENTARY SOVEREIGNTY

Th is book is a collection of essays with four main themes. Th e fi rst is criticism of the theory known as ‘common law constitutionalism’, which holds either that Parliament is not sovereign because its authority is subordinate to fundamental common law principles such as ‘the Rule of Law’, or that its sovereignty is a creature of judge-made common law, which the judges have authority to modify or repudiate ( Chapters 2 , 3 , 4 and 10 ). Th e second theme is analysis of how, and to what extent, Parliament may abdicate, limit or regulate the exercise of its own legislative authority, which includes the. | CAMBRIDGE STUDIES IN CONSTITUTIONAL LAW Jeffrey Goldsworthy PARLIAMENTARY SOVEREIGNTY CONTEMPORARY DEBATES Cambridge PARLIAMENTARY SOVEREIGNTY 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 lawmaking 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 . JEFFREY GQLDSWQRTHY holds a Personal Chair in the Faculty of Law at Monash University in Melbourne Australia where his major interests are legal philosophy and constitutional law theory and history. CAMBRIDGE STUDIES IN CONSTITUTIONAL LAW The aim of this series is to produce leading monographs in constitutional law. All areas of constitutional law and public law fall within the ambit of the series including human rights and civil liberties law administrative law as well as constitutional theory and the history of constitutional law. A wide variety of scholarly approaches is encouraged with the governing criterion being simply that the work is of interest to an international audience. Thus works concerned with only one jurisdiction will be included in the series as appropriate while at the same time