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Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215555786
Category : Political Science
Languages : en
Pages : 44
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Book Description
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215555786
Category : Political Science
Languages : en
Pages : 44
Get Book Here
Book Description
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
Author: Great Britain. Parliament House of Commons. European Scrutiny Committee
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages :
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Book Description
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 9780215555885
Category : Political Science
Languages : en
Pages : 104
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Book Description
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
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Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Jeffrey Denys Goldsworthy
Publisher:
ISBN:
Category :
Languages : en
Pages : 336
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Book Description
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: Stationery Office
ISBN: 9780215555786
Category : Political Science
Languages : en
Pages : 39
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Book Description
This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.
Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Category : Law
Languages : en
Pages :
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Book Description
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee
Publisher:
ISBN: 9780215555878
Category :
Languages : en
Pages : 8
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Book Description
Government response to HC 633-I, session 2010-11 (ISBN 9780215555786)
Author: Roy Whymark
Publisher: GRIN Verlag
ISBN: 3656348073
Category : Political Science
Languages : en
Pages : 9
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Book Description
Seminar paper from the year 2011 in the subject Politics - Region: Western Europe, grade: 77%, Birkbeck, University of London (University of London), course: Contemporary British Politics, language: English, abstract: This paper considers whether the concept of ‘parliamentary sovereignty’ is a reality in the modern United Kingdom. To frame the boundaries of this essay, ‘parliamentary’ is taken as referring to action taken by the Westminster-based tripartite authorities of the House of Commons, the House of Lords and the British monarchy. Since an incontrovertible definition of ‘sovereignty’ is more difficult, I turn to Dicey (1915) who uses two criteria. Firstly, Parliament has ‘the right to make or unmake any law’, and secondly ‘no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament’. Taking these together, I define ‘parliamentary sovereignty’ as a concept which considers that the Westminster Parliament has complete control over the legal affairs of the UK and that no individual or body can override any Act of Parliament. This also incorporates the Diceyan concept that no Parliament can bind its successor. In recent decades, the reality of parliamentary sovereignty has been increasingly questioned due to a number of constitutional changes. In particular, this paper considers the impact on parliamentary sovereignty of: (i) membership of the European Union; (ii) the passing of the Human Rights Act; (iii) the changing role of the judiciary; and (iv) devolution.
Author: Jim McConalogue
Publisher: Palgrave Macmillan
ISBN: 9783030252922
Category : Political Science
Languages : en
Pages : 291
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Book Description
Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.
