Full Description
The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental.
At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament - through legislating about the legislative process - to revitalise the UK's political constitution.
Contents
Part I—What is the Sovereignty of Parliament?
1. The Function and the Virtue of Parliamentary Sovereignty
2. The Manner and Form Theory of Parliamentary Sovereignty
Part II—Understanding Modern Challenges to the Sovereignty of Parliament
3. The Non-Critical Challenges: Devolution, the Human Rights Act and Common Law Constitutionalism
4. UK Membership of the European Union
5. Jackson
6. The European Union Act 2011
Part III—The Virtue and Function of the Manner and Form Theory
7. A Democratic Justification of the Manner and Form Theory
8. The Potential Utility of the Manner and Form Theory
