The principle of parliamentary sovereignty

McGarry, John ORCID: 0000-0002-5590-7115 (2012) The principle of parliamentary sovereignty. Legal Studies, 32 (4). pp. 577-599. ISSN 0261-3875

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Official URL: https://onlinelibrary.wiley.com/journal/1748121x

Abstract

In this paper, I use Dworkin’s distinction between rules and principles to analyse the doctrine of parliamentary sovereignty. I argue that, inherent in many conceptions of the doctrine, is an assumption that it operates in the conclusive manner of a Dworkinian rule. I then submit that the doctrine actually functions in the flexible way characteristic of a Dworkinian principle. In support of this contention, I argue that Acts of Parliament may be balanced against competing principles or statutes; that they possess the dimension of weight or importance; and that the degree to which they will be adhered in any particular case will be contingent upon the importance attributed to any competing principle or statute. I finish the paper with an evaluation of my arguments and an attempt to anticipate potential counter-arguments.

Item Type: Article
Additional Information: Legal Studies © 2012 The Society of Legal Scholars (Associate Organisation)
Subjects: K Law > K Law (General)
Divisions: School of Law
Depositing User: Dr John McGarry
Date Deposited: 18 Oct 2018 12:56
Last Modified: 25 Sep 2019 13:53
Identification Number: 10.1111/j.1748-121X.2012.00234.x
URI: http://ubir.bolton.ac.uk/id/eprint/2000

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