Michael Gordon has defended the popular “manner and form” theory of parliamentary sovereignty, claiming that it provides the best explanation of recent constitutional developmentsin the UK and is normatively superiorto rival theories. I argue that the manner and form theory is inconsistent with parliamentary sovereignty. I accept that parliamentary sovereignty is consistent with mandatory requirements for legislating that are purely procedural or formal, in that they do not diminish Parliament’s substantive power to change the content of the law however and whenever it chooses. But it is not consistent with some procedural requirements that Gordon and others include within the category of “manner and form”. The clearest example is a self-en...
The omnipotence of Parliament is one of the cardinal features of the British Constitution. It has t...
In this paper, I use Dworkin’s distinction between rules and principles to analyse the doctrine of p...
The evidence from parliamentary and legal processes flowing from the European Union referendum in Ju...
Rivka Weill claims that in the nineteenth century the foundation of the UK constitution changed from...
The Supreme Court in the Miller cases confirmed without dissent that the doctrine of parliamentary s...
The issue of whether a legislative body in a democratic society can bind itself on matters relating ...
This article criticises the commonly-held view that parliamentary sovereignty are autonomous, and po...
Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact...
Two competing theories have emerged as providing the constitutional basis for judicial review in the...
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constit...
Keith Ewing has made an outstanding – indeed, an inspiring - contribution to the way in which we per...
The doctrine of parliamentary sovereignty in the United Kingdom may be alive but it is not exactly w...
In this article the relationship between Parliament and courts is examined. The views of writers on ...
In its celebrated prorogation judgment, the Supreme Court made novel and controversial use of the pr...
This article is a response to the contributions of Nick Barber and Trevor Allan found in this volume...
The omnipotence of Parliament is one of the cardinal features of the British Constitution. It has t...
In this paper, I use Dworkin’s distinction between rules and principles to analyse the doctrine of p...
The evidence from parliamentary and legal processes flowing from the European Union referendum in Ju...
Rivka Weill claims that in the nineteenth century the foundation of the UK constitution changed from...
The Supreme Court in the Miller cases confirmed without dissent that the doctrine of parliamentary s...
The issue of whether a legislative body in a democratic society can bind itself on matters relating ...
This article criticises the commonly-held view that parliamentary sovereignty are autonomous, and po...
Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact...
Two competing theories have emerged as providing the constitutional basis for judicial review in the...
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constit...
Keith Ewing has made an outstanding – indeed, an inspiring - contribution to the way in which we per...
The doctrine of parliamentary sovereignty in the United Kingdom may be alive but it is not exactly w...
In this article the relationship between Parliament and courts is examined. The views of writers on ...
In its celebrated prorogation judgment, the Supreme Court made novel and controversial use of the pr...
This article is a response to the contributions of Nick Barber and Trevor Allan found in this volume...
The omnipotence of Parliament is one of the cardinal features of the British Constitution. It has t...
In this paper, I use Dworkin’s distinction between rules and principles to analyse the doctrine of p...
The evidence from parliamentary and legal processes flowing from the European Union referendum in Ju...