Книга: Goldsworthy Jeffrey «The Sovereignty of Parliament. History and Philosophy»
|
Производитель: "OXFORD UNIVERSITY PRESS" The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that the courts have no authority to judge statutes invalid. This doctrine has now been criticized on historical and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament`s authority was limited to common law. The critics also argue that it is based on a misunderstanding of the relationship between statutory and common law, and is morally indefensible. 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. Издательство: "OXFORD UNIVERSITY PRESS" (2001)
ISBN: 978-0-19-924808-7 |
Другие книги автора:
| Книга | Описание | Год | Цена | Тип книги |
|---|---|---|---|---|
| The Sovereignty of Parliament. History and Philosophy | The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that… — Oxford University Press, - Подробнее... | бумажная книга |
См. также в других словарях:
Parliamentary sovereignty — Parliamentary sovereignty, Sovereignty of Parliament, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. Under parliamentary sovereignty, a legislative body has… … Wikipedia
History of the world — The history of the world [Williams, H. S. (1904). The historians history of the world; a comprehensive narrative of the rise and development of nations as recorded by over two thousand of the great writers of all ages. New York: The Outlook… … Wikipedia
History of economic thought — The history of economic thought deals with different thinkers and theories in the field of political economy and economics from the ancient world to the present day. British philosopher Adam Smith is cited by many as the father of modern… … Wikipedia
History of Russia — The history of Russia begins with that of the East Slavs. The first East Slavic state, Kievan Rus , adopted Christianity from the Byzantine Empire in 988, [cite web|title=Kievan Rus and Mongol Periods|url=http://www.shsu.edu/ his… … Wikipedia
History of Western civilization — The history of Western civilization traces its roots back to Classical Antiquity and continues to the present era in Europe, North America, Australia, and New ZealandAntiquity (before AD 500)The opposition of an European West to an Asiatic East… … Wikipedia
History of Croatia — This article is part of a series Early history … Wikipedia
