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Parliamentary Sovereignty in the Empire and Commonwealth: Dicey’s Dominions and Dogmas

PETER C. OLIVER

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Abstract

This chapter sets out the orthodox view of parliamentary sovereignty associated principally with A. V. Dicey: that parliament – and therefore the Imperial Parliament – can make any law whatsoever, and that no institution can challenge Parliament's ability to do so. So long as local courts and local populations were willing to accept this principle, the Westminster Parliament could act as a constituent assembly for the Empire.

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This chapter sets out the orthodox view of parliamentary sovereignty associated principally with A. V. Dicey: that parliament – and therefore the Imperial Parliament – can make any law whatsoever, and that no institution can challenge Parliament's ability to do so. So long as local courts and local populations were willing to accept this principle, the Westminster Parliament could act as a constituent assembly for the Empire.

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Available abstract

This chapter sets out the orthodox view of parliamentary sovereignty associated principally with A. V. Dicey: that parliament – and therefore the Imperial Parliament – can make any law whatsoever, and that no institution can challenge Parliament's ability to do so. So long as local courts and local populations were willing to accept this principle, the Westminster Parliament could act as a constituent assembly for the Empire.

Key concepts: Parliament, Parliamentary sovereignty, Commonwealth, Empire, Sovereignty, Institution, Political science, Law

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