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Parliamentary Sovereignty and the Constitution

43 Pages Posted: 14 Oct 2009 Last revised: 8 Nov 2009

Pavlos Eleftheriadis

University of Oxford - Faculty of Law

Date Written: October 9, 2009

Abstract

The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary sovereignty as a legal and constitutional doctrine shows that this first impression is false. The nature of the British unwritten constitutional order is entirely similar to the written one prevailing in the United States or Germany. This is because the doctrine of parliamentary sovereignty, contrary to Dicey’s classic view, does not consist in a single dominant idea but in a number of related and mutually supporting principles that constitute higher law. The way in which these principles interact is parallel to the interaction of the main clauses of the United States Constitution or the German Basic Law. This analysis shows that the constitution, written or unwritten, never requires a pouvoir constituent. The constitution emerges from the law as the result of moral and political principles that breathe life into our public institutions.

Suggested Citation

Eleftheriadis, Pavlos, Parliamentary Sovereignty and the Constitution (October 9, 2009). Canadian Journal of Law and Jurisprudence, 2009; Oxford Legal Studies Research Paper No. 45/2009. Available at SSRN: https://ssrn.com/abstract=1486146

Pavlos Eleftheriadis (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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