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Topic: Parliamentary sovereignty

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	SOVEREIGNTY AND THE EUROPEAN COMMUNITIES
		Internally within the United Kingdom, the notion of sovereignty is bound up with the doctrine of Parliamentary Sovereignty, which in turn is the outcome of the battle between Crown and Parliament as to which should wield supreme power in the land.
		Even though the "loss of sovereignty" may be limited to fairly precise areas of Government and Parliamentary powers and be without significance for the lives of most of the country, still the phrase conjures up a spectre of major and uncontrollable change and of adjustments that will have to be made which are deeply disturbing.
		Nevertheless the impact of entry upon sovereignty is closely related to the blurring of distinctions between domestic political and foreign affairs, to the relatively greater political responsibility of the bureaucracy of the Community and the lack of effective democratic control.
	www.sovereignty.org.uk /features/eucon/fcosov.html (5018 words)

	RULE BRITANNIA (Site not responding. Last check: 2007-10-21)
		Goldsworthy's extensive examination of writings on parliamentary sovereignty in the book's first nine chapters is an effort to rebut the claim that the doctrine took firm hold only as late as the eighteenth and nineteenth centuries.
		If there are critics of parliamentary sovereignty who claim that the doctrine was invented in the late eighteenth and nineteenth centuries, this is patently false, as Goldsworthy has amply demonstrated.
		Parliamentary sovereignty is not, as some English lawyers assume, an a priori necessity of the English legal system, beyond doubt or disagreement.
	www.utpjournals.com /product/utlj/523/523_edlin.html (6822 words)

	The Dispatch - Serving the Lexington, NC - News (Site not responding. Last check: 2007-10-21)
		Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies.
		Under parliamentary sovereignty, a legislative body has absolute sovereignty, meaning it is supreme to all other government institutions (including any executive or judicial bodies as they may exist).
		Parliamentary sovereignty contrasts with notions of judicial review, where a court may overturn legislation deemed unconstitutional.
	www.the-dispatch.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=parliamentary_sovereignty (1681 words)

	Parliamentary sovereignty - Definition, explanation
		Parliamentary sovereignty or Parliamentary supremacy is the concept in British constitutional law that the Parliament of the United Kingdom has sovereignty.
		The principle of parliamentary sovereignty was established over the 17th and 18th centuries during which time parliament asserted the right to name and depose a monarch.
		This has also compromised the effect of parliamentary sovereignty, as the ECA 1972 must be expressly repealed in order to be negated by subsequent incompatible legislation.
	www.calsky.com /lexikon/en/txt/p/pa/parliamentary_sovereignty.php (1119 words)

	The Failure of Dual Sovereignty: The British Empire and the United States
		Sovereignty was indivisable; should there be two independent legislatures in a single state, per impossibile the result would be a solecism in theory as in practice, an imperium in imperio.
		James Madison was clearly uncomfortable with the concept of sovereignty; and, because he had not yet fully assimilated the contemporary shift in theory from legislative to popular sovereignty, he was sometimes sloppy in his talk of "dividing" sovereignty.
		But if, by sovereignty, we mean the authority by which the Constitution was "ordained and established," and by which it continues in force, he was quite clear on the matter.
	www.mutualist.org /id22.html (7998 words)

	Comment Magazine - "Making a Good Constitution Better" by David T. Koyzis
		Popular sovereignty is one of those constitutional principles, like the "rule of law," that embodies, expresses, and teaches that all persons subject to the law must receive equal treatment.
		Yet given the monistic connotations of sovereignty and the voluntaristic implications of social contract theory, it might be better to seek a different metaphor to express these undoubted political goods.
		As for an unwritten constitution and parliamentary sovereignty, Canada has appropriated this in only partial form, beginning with confederation in 1867, primarily because the new dominion was established as a federal system requiring a detailed documentation of the division of powers between the two levels of government.
	www.wrf.ca /comment/article.cfm?ID=44 (3798 words)

	E Law: Sovereignty in British Legal Doctrine - Text
		That being so, it is then no less true that the doctrine of Parliamentary Sovereignty has clear medieval origins, as it was in the Middle Ages that the supremacy of this institution was affirmed in the juridical creation, although the unlimited character of this creation was not totally sustained.
		In effect, for the great English philosopher, the sovereign was not subject to the fundamental laws since its sovereignty was born, not from a social pact or bilateral contract entered between the King and his people, but from a social pact developed by individuals in the state of nature, that is, in a pre-judicial period.
		Effectively faithful to the doctrine of parliamentary sovereignty, they wanted to reconcile the right of resistance against the tyrant (James II) with the respect of the independence of the King before parliament and even with the supremacy of the Monarch within the Constitution.
	hc.rediris.es /04/articulos/html/10.htm (9379 words)

	Parliamentary sovereignty - TheBestLinks.com - European Union, European Convention on Human Rights, Parliament of the ... (Site not responding. Last check: 2007-10-21)
		Parliamentary sovereignty is the concept that a parliament has sovereignty, therefore it has the power to pass or repeal any law that cannot be overturned by any other body, with a majority vote in favour of the proposal.
		This is legal sovereignty; it seems very unlikely that Parliament would pass a proposal to leave the EU, so political sovereignty has been lost.
		Another factor that is said to undermine parliamentary sovereignty is the increasing use of referendums, which take away power from Parliament as the decision whether to pass law is made by the electorate, not Parliament.
	www.thebestlinks.com /Parliamentary_sovereignty.html (327 words)

	E Law: Sovereignty in British Legal Doctrine - Text
		By titling this article 'Sovereignty in British Legal Doctrine' rather than 'The British Doctrine of Sovereignty' I wanted to underline that I am not only going to examine the doctrine of Parliamentary Sovereignty, genuinely British, but also the sovereignty of the people, which is common throughout western juridical and political theory.
		Effectively faithful to the doctrine of parliamentary sovereignty, they wanted to reconcile the right of resistance against the tyrant (Jacob II) with the respect of the independence of the King before parliament and even with the supremacy of the Monarch within the Constitution.
		A primacy that he justified by considering that it was through the Lower House that public opinion was regularly expressed, as he pointed out in his essay On the Independence of Parliament[122] published in 1741, during the reign of George II and towards the end of Robert Walpole's long mandate as Prime Minister.
	www.murdoch.edu.au /elaw/issues/v6n3/suanzes63_text.html (8943 words)

	Mapleleafweb.com: Canada’s Parliamentary Government
		The term Parliamentary government, instead, is meant to refer to a structure, or system, of government – one that involves a particular relationship between and among its different branches.
		Parliamentary supremacy is usually justified on democratic grounds; it is argued the best way to protect democracy and government by the people is to promote a strong and elected Parliament.
		This means that Parliamentary sovereignty is limited in Canada, with the federal Parliament having to share law-making supremacy with its provincial counterparts.
	www.mapleleafweb.com /features/parliament/parliamentary-government (4178 words)

	Unlimited Parliamentary sovereignty (Site not responding. Last check: 2007-10-21)
		The concept of unlimited Parliamentary sovereignty is a distinctly English one which is totally alien to Scotland.
		The sovereignty of the Scottish people was first set out in the Declaration of Arbroath of 1328 and reiterated in the Covenant of 1950 and the Claim of Right of 1988.
		The fact that Parliamentary supremacy is an English principle which does not apply to Scotland was confirmed in a famous legal judgement by Lord Cooper, of the First Division of the Court of Session:
	www.alba.org.uk /devolution/cooper.html (284 words)

	THE EU AND PARLIAMENT
		They are a derogation from parliamentary sovereignty in that parliamentary sovereignty is as much the right not to make laws as the right to make them.
		Membership of the EU is a derogation from parliamentary sovereignty in practice, even if not in theory, since all of the EU's powers flow from Parliament's sovereignty by way of the original Act, and therefore Parliament retains ultimate sovereignty.
		There is a limited retention of parliamentary sovereignty in many areas of European concern, since the UK has limited powers to determine penalties for breach of EU law, and since the option is often left open in directives not to implement parts of the directive.
	www.richinstyle.com /masterclass/smallerpurple/europe.html (2126 words)

	Chapters and Self-Tests
		Nonetheless, for the purposes of this study, the use of the word parliament as it applies to the British model should be understood as a reference to the House of Lords and the House of Commons.
		Parliamentary government is also associated with the presence of a dual executive.
		Parliamentary sovereignty is based on the assumption that the powers of Parliament are unlimited.
	www.athabascau.ca /govn/parliamentary_democracy/chapters/index.html (1307 words)

	Parliamentary sovereignty
		Another majoritarian device, parliamentary sovereignty is the principle that parliament (the legislature) is the ultimate authority for the political system.
		Under parliamentary sovereignty, parliament can legislate on any matter it wishes and it can pass laws that command or prohibit anything it chooses.
		The nonmajoritarian alternative to parliamentary sovereignty is a Constitution, sometimes called the Basic Law or the Fundamental Law (Germany) which sets limits on the power of government and allocates power (says what institutions can and cannot do and how they will operate).
	www.clt.astate.edu /fidel/parliamentary_sovereignty.htm (431 words)

	UK Parliament - Parliamentary sovereignty
		Parliamentary sovereignty is a principle of the UK constitution.
		Parliamentary sovereignty is the most important part of the UK constitution.
		These developments do not fundamentally undermine the principle of parliamentary sovereignty, since, in theory at least, Parliament could repeal any of the laws implementing these changes.
	www.parliament.uk /about/how/laws/sovereignty.cfm (256 words)

	A Vision from Taiwan
		In view of the competition between national and parliamentary supremacy, we can see that the past two hundred years of constitutional development has actually been a process from “contract” to “sovereignty.” Early constitutions were agreements between the monarchy and aristocrats meant to mutually limit power.
		The beginning of the revolutionary notion of explicit sovereignty mentioned in a constitution could be said to have been influenced by the establishment of the constitution of the United States in 1789.
		In more traditional nations that emphasize parliamentary sovereignty, constitutional establishment and reform merely need to be passed by respective legislative bodies.
	democraciaparticipativa.net /documentos/VisionFromTaiwan.htm (1737 words)

	German Law Journal - The Doctrine of Parliamentary Sovereignty in Comparative Perspective
		Aside from the erosion of political responsibility which follows the Scottish Parliament's failure to exercise its legislative competence, the ultimate result of this ongoing use of Sewel motions is that legal standards for political areas that were intended to lie within the proper purview of Scottish authority are being established by Westminster's legislative process.
		Parliamentary acts that contravene the provisions of the ECHR are thus void ab initio.
		The ability to rapidly adapt the constitution to emerging needs which is inherent in parliamentary sovereignty forms a clear contrast to the “reform sclerosis” so often bemoaned in Germany, of which the modernization of the federal system was the most recent victim.
	www.germanlawjournal.com /article.php?id=606 (5468 words)

	Russian sovereignty, popular sovereignty in Russia, national sovereignty, Russian state sovereignty, parliamentary ...
		Although the declaration of full independence by the Chechen Autonomous Republic was the most extreme result of such moves, some observers felt that the political and economic stability of the Russian Federation was threatened by the separatism of regions that were valuable because of their strategic location or natural resources (see The Separatism Question, ch.
		During the period leading to the collapse of the Soviet Union, local officials in the oil-rich Bashkir ASSR (renamed Bashkortostan in 1992) declared sovereignty, and the Chukchi Autonomous Region, which faces Alaska across the Bering Strait, declared itself autonomous and demanded control over its reindeer and fish resources.
		In some cases, ethnic and nationality groups appear content with the mere form of sovereignty; in others, efforts are under way to give substance to the words of separatism.
	www.russiansabroad.com /russian_history_126.html (1334 words)

	BlurtIt: How has parliamentary sovereignty been modified?
		The principle of parliamentary sovereignty has been modified as a result of the several political developments which have taken place in the 19th and 20th centuries.
		There seems to be a difference between political sovereignty, residing with the electorate, and legal sovereignty, resting with parliament.
		Referendums have also affected parliamentary sovereignty because they remove decision-making, or the confirmation of decision making, from Parliament.
	www.blurtit.com /q456035.html (275 words)

	Table of contents for The constitution of independence
		The Imperial Dominions 27 Acquisition of sovereignty and 'reception' of English Law 27 Self-government and Imperial law 33 The nature of the Dominions' ongoing subordination 42 Balfour and the Statute of Westminster 47 Gradual acquisition of judicial independence 50 3.
		Parliamentary Sovereignty in the Empire and Commonwealth: Dicey's Dominions and Dogmas 54 Parliamentary sovereignty personified: Albert Venn Dicey 55 Constitutional orthodoxy in university and government: James Bryce 61 British writing on sovereignty before and after Balfour and the Statute of Westminster: Arthur Berriedale Keith 65 Leading cases on parliamentary sovereignty in the 1930s 70 4.
		Theoretical Approaches to Sovereignty and Legal Systems 285 Sovereignty of parliament revisited 286 General theories of law and legal system: Kelsen and Hart 291 The possibility of self-embracing laws 295 Continuity and legal systems 297 Change in the ultimate rule of recognition 301 Monist and pluralist perspectives relating to legal system 310 Summary 311 13.
	www.loc.gov /catdir/toc/ecip055/2004029483.html (739 words)

	DAWN - Opinion; 12 April, 2004
		This doctrine of the legislative supremacy of parliament is the keystone of parliamentary democracy throughout the world.
		Is it consistent with the principle of parliamentary democracy to empower a president in uniform at the expense of the prime minister?
		And is it consistent with parliamentary democracy to divest the parliament of its constitutional role as the sole check on the executive and pass on this function to an unelected body like the NSC, dominated by the armed forces and answerable to none?
	www.dawn.com /2004/04/12/op.htm (3827 words)

	Human Rights and Parliamentary Sovereignty in New Zealand - [2004] VUWLRev 12; (2004) 35 VUWLR 341
		Part IV of the paper will examine New Zealand decisions which have raised the issue of parliamentary sovereignty in regard to statutory interpretation and filling legislative gaps – especially focussing on the doctrine of implied repeal.
		Finally, by making a declaration the Court did not infringe the doctrine of parliamentary sovereignty since a declaration does not invalidate the statute nor does it mean that Parliament cannot pass legislation to overrule the courts.
		Ultimately, whether the courts have been "activist" depends on whether parliamentary sovereignty means that in the end Parliament has the last word and the courts are not allowed to create law contrary to a clearly stated parliamentary intention but are free to develop the law within the parameters created by statute.
	www.austlii.edu.au /nz/journals/VUWLRev/2004/12.html (10693 words)

	parliamentary sovereignty of the uk: essays-or-termpapers.com- choose from thousands of essays or term papers online (Site not responding. Last check: 2007-10-21)
		The turn of the twentieth century roused the nationalist and brought almost till three centuries the dominant colonial rule that started to challenge the presence of Dutch in Indonesia resulting in a four-year guerilla war as led by nationalists against the Dutch on Java after World War II (1939-1945).
		essays-or-termpapers.com is a website that has a wealth of free essay abstracts on parliamentary sovereignty of the uk.
		If you feel that the abstract matches what you're looking for, you can download the parliamentary sovereignty of the uk abstract directly from essays-or-termpapers.com.
	www.essays-or-termpapers.com /cat/paper/296/parliamentary-sovereignty-of-the-uk.html (355 words)

	BlurtIt: How is parliamentary sovereignty limited?
		For example, trade unions forced the amendment of the Industrial Relations Act and the extra-parliamentary action forced the government to replace the poll tax with the council tax in the 1980’s.
		These examples suggest that in practice, the principle of parliamentary sovereignty is limited.
		Theoretically, commitments like this do not infringe parliamentary sovereignty since parliament could decide to amend or ignore certain terms at any time, although this is not likely.
	www.blurtit.com /q597097.html (245 words)

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