The Sovereignty of Parliament: History and Philosophy

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Jeffrey Goldsworthy (Professor of Law, Professor of Law, Monash University, Australia)

The Sovereignty of Parliament

History and Philosophy

Jeffrey Goldsworthy (Professor of Law, Professor of Law, Monash University, Australia)

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English

Oxford University Press
01 November 2001

History; Politics & government; Political science & theory; Political structure & processes; Central government; Jurisprudence & philosophy of law; Constitutional & administrative law; Parliamentary & legislative practice

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and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament's authority was limited to common law.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.

By: Jeffrey Goldsworthy (Professor of Law Professor of Law Monash University Australia)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 233mm, Width: 156mm, Spine: 28mm
Weight: 512g
ISBN: 9780199248087
ISBN 10: 0199248087
Pages: 330
Publication Date: 01 November 2001
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Professor Jeffrey Goldsworthy is Professor of Law at Monash University, Australia

Reviews for The Sovereignty of Parliament: History and Philosophy

Review from previous edition Goldsworthy's use of secondary sources and his scholarship are admirable. The style may be elusive, but it is nonetheless very readable and his arguments in the chapter dedicated to the philosophical foundations of the doctrine are clearly written and accesible. * THES * ... Goldsworthy provides a brilliant survey of parliamentary sovereignty in England and how the theory and the institution evolved and altered over time. In a masterful recitation of historical legal cases, statutory law, and philosophical theory Goldsworthy provides the case for parliamentary sovereignty from Bracton through Blackstone and the nineteenth century. ... his clean, uncluttered prose knits together the analysis of the cases with contemporary political philosophy to make a most readable text from dense material. He has done a superb job. * American Journal of Legal History, January 2000 *