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