Oxford University Press UK (1999)

Abstract
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and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament's authority was limited to common law.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.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Reprint years 2001
Buy this book Find it on Amazon.com
ISBN(s) 9780199248087   9780198268932   0199248087   0198268939
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 63,339
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Philosophy, Drama and Literature.Rick Benitez - 2010 - In Graham Oppy & Steve Gardner (eds.), A Companion to Philosophy in Australia & New Zealand. Melbourne, Australia: Monash University Press. pp. 371-372.

Add more citations

Similar books and articles

Sovereignty Re-Examined: The Courts, Parliament, and Statutes.N. W. Barber - 2000 - Oxford Journal of Legal Studies 20 (1):131-154.
Parliamentary Sovereignty and the Constitution.Pavlos Eleftheriadis - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):267-290.
Historical Analysis of Goldsworthy's Sovereignty of Parliament.Margaret Kelly - 2002 - Australian Journal of Legal Philosophy 27:156-171.
Sovereignty and the Separation of Powers in John Locke.Bedri Gencer - 2010 - The European Legacy 15 (3):323-339.
Law and Sovereignty.Pavlos Eleftheriadis - 2010 - Law and Philosophy 29 (5):535-569.
What is Sovereignty?Alain de Benoist - 1999 - Telos: Critical Theory of the Contemporary 1999 (116):99-118.

Analytics

Added to PP index
2015-10-14

Total views
67 ( #159,635 of 2,448,784 )

Recent downloads (6 months)
10 ( #63,717 of 2,448,784 )

How can I increase my downloads?

Downloads

My notes