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The Sovereignty of Parliament
0 - Default Title
Description
The Sovereignty of Parliament: History and Philosophy responds to these criticisms. It first defines and clarifies the concept of legislative sovereignty and then describes the historical origins and the development of the doctrine from the thirteenth to the end of the nineteenth century. Professor Goldsworthy goes on to identify many different reasons why persuaded statesmen, lawyers, and political theorists have endorsed the doctrine. He discusses the ideas of a large number of legal and political thinkers, including Fortescue, St German, Hooker, Coke, Bacon, Parker, Milton, Hobbes, Hale, Locke, Bolingbroke, Blackstone, and Burke. He shows that judges in Great Britain have never had authority to invalidate statutes, and that the doctrine is much older than is generally realized.
The book concludes by dealing with philosophical criticisms of the doctrine. Combining the insights of earlier thinkers with those of contemporary legal philosophers, it demonstrates that these criticisms are based on a defective understanding of the nature and foundations of law, and of the relationship between legislative authority and the common law. It argues that the doctrine is morally defensible, and refutes the thesis that the judges have authority to modify or reject it.
Product details
- Edition:
- 1
- Number of Pages:
- 332
- Release Date:
- 1999-09-23
- Publication Date:
- 1999-07-29
- Publisher:
- OUP Oxford
- Languages:
- Original: English
- ISBN10:
- 0198268939
- ISBN13:
- 9780198268932
- GPSR Manufacturer Reference:
- [email protected]
- Weight:
- 663 g
- Height:
- 161 cm
- Width:
- 240 cm
- Thickness:
- 22 cm
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