2020Cambridge University Press eBooksRequires access

The Law of Parliamentary Sovereignty

Mark Walters

Open publisher page 2 citations

Abstract

Law is the command of a sovereign who occupies the privileged position of one who is beyond command and above law – or so at least Jeremy Bentham and John Austin thought. A. V. Dicey thought differently. The idea of parliamentary sovereignty that Dicey placed at the centre of the British constitution is one that is enveloped within rather than set apart from the domain of law. There is a law of parliamentary sovereignty, and that law is the ordinary law of England.

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What this paper is about

Law is the command of a sovereign who occupies the privileged position of one who is beyond command and above law – or so at least Jeremy Bentham and John Austin thought. A. V. Dicey thought differently. The idea of parliamentary sovereignty that Dicey placed at the centre of the British constitution is one that is enveloped within rather than set apart from the domain of law. There is a law of parliamentary sovereignty, and that law is the ordinary law of England.

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Available abstract

Law is the command of a sovereign who occupies the privileged position of one who is beyond command and above law – or so at least Jeremy Bentham and John Austin thought. A. V. Dicey thought differently. The idea of parliamentary sovereignty that Dicey placed at the centre of the British constitution is one that is enveloped within rather than set apart from the domain of law. There is a law of parliamentary sovereignty, and that law is the ordinary law of England.

Key concepts: Parliamentary sovereignty, Sovereignty, Law, Constitution, Political science, Municipal law, Public law, Politics

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