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Cover Public Law

4. Parliamentary sovereignty: an overview  

This chapter explores the principle of parliamentary sovereignty. It defines the theory in orthodox terms set out by Dicey and explains the manner in which it has developed out of the Bill of Rights and on the back of the unsettled constitutional times that prevailed during the seventeenth century. It then sets out the legal basis for sovereignty, calling on the authority of Wade, Jennings, and Goldsworthy to explain the importance of the courts’ role in determining and providing the foundation for Parliament’s authority. Next, it explores the fundamental aspects of the orthodox theory, explaining how that operates in practice and discussing the various challenges and limitations that have arisen since the late nineteenth century. The chapter concludes by considering the position of parliamentary sovereignty today, analysing the extent to which orthodox Diceyan theory can be said still to be relevant.

Chapter

Cover Essential Cases: Public Law

Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753 Supreme Court of Canada (also known as the Patriation Reference)  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, Supreme Court of Canada (also known as the Patriation Reference). This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590, Court of Appeal  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ellen Street Estates, Limited v Minister of Health [1934] 1 KB 590, Court of Appeal. This case concerned whether provisions enacted by an earlier Westminster parliament could bind the legislative choices of future Westminster parliaments. The arguments of Wade and Jennings over Diceyan and ‘manner and form’ approaches to this issue are discussed. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary and questions from author Thomas Webb.