Tag: Constitutional dualism
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Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis
The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court: If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own…
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Conor McCormick: Debating Constitutional Dualism
A recent amendment to the Ministerial Code has prompted some interesting constitutional commentary which focuses mainly on the perceived rationale behind the change and the critical response of some to its legal validity. The revised document does not make specific reference to international law and treaty obligations in its exposition of an overarching duty on…