Search results
As Lord Bridge of Harwich observed, the supremacy of the rule of law entails recognition of a fundamental division of sovereignty: ‘In our society the rule of law rests upon twin foundations: the sovereignty of the Queen in Parliament in making the law and the sovereignty of the Queen’s courts in interpreting and applying the law.’ 1 ...
Feb 9, 2024 · The assumption that the rule of law ‘qualifies’ parliamentary sovereignty is unwarranted. It misrepresents how statutory interpretation works in ‘ordinary’ cases, it drives us towards an ultimately incoherent ‘clear statement principle’, and it casts the courts’ role in upholding the rule of law as legislative in nature.
People also ask
Does the rule of law 'qualify' parliamentary sovereignty?
What is the principle of parliamentary sovereignty?
Is Parliament a sovereign power?
What is qualifying parliamentary sovereignty?
Summary. Introduction. Throughout the common law world, it is increasingly assumed that legislative sovereignty – legislative power that is legally unlimited – is incompatible with ‘the rule of law’. Those who regard the rule of law as an actual legal principle sometimes argue that it necessarily excludes or overrides any doctrine of ...
- Jeffrey D Goldsworthy
- 2010
Parliamentary sovereignty is often said to be ‘the defining principle of the British Constitution’. Parliamentary sovereignty means that Parliament is the supreme legal authority in the UK. This means that: Parliament can create or get rid of any law. the courts cannot overrule Parliament.
Parliamentary sovereignty. Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
Abstract. The sovereignty of Parliament and the supremacy of the law of the land—the two principles which pervade the whole of the English constitution—may appear to stand in opposition to each other, or to be at best only counterbalancing forces. But this appearance is delusive; the sovereignty of Parliament, as contrasted with other forms ...
