Tag: legislative supremacy
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Thomas L Muinzer: Russell’s Paradox and the Principle of Parliamentary Sovereignty
The Brexit process has served to draw significant attention to a rich variety of questions engaging the character and scope of the doctrine of Parliamentary Sovereignty. This includes on this blog, where various significant issues have been ably examined by, amongst others: Professor Mike Gordon, with reference to the European Union (Withdrawal Agreement) Bill and…
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Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament
Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of ‘Parliament’ by ‘the High Court of Parlyament’ as recognised in the Crown and Parliament Recognition Act…
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John Finnis: Royal Assent – A Reply to Mark Elliott
I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted them. And it is left even more objectionable when he has attributed to it a premise, two assumptions, and a goal each far from my…
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Stephen Tierney: The Legislative Supremacy of Government
At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a…
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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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Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept of the rule of recognition during the Miller hearings and propose one other way in which the concept is relevant to Miller, that was not…