Show Summary Details
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 25 April 2024

p. 192. Parliamentary Sovereigntylocked

p. 192. Parliamentary Sovereigntylocked

  • Ian LovelandIan LovelandProfessor of Public Law, City, University of London

Abstract

This chapter examines the ways in which parliamentary sovereignty has been both criticised and vindicated in more recent times, first discussing A V Dicey’s theory of parliamentary sovereignty, which has two parts—a positive limb and negative limb. The principle articulated in the positive limb of the theory is that Parliament can make or unmake any law whatsoever. The proposition advanced in the negative limb is that the legality of an Act of Parliament cannot be challenged in a court. The negative and positive limbs of Dicey’s theory offer a simple principle upon which to base an analysis of the constitution. The chapter then discusses the legal authority for the principle of parliamentary sovereignty and reviews challenges to Dicey’s theory.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.

Subscribe

Access to the full content requires a subscription