Sovereignty Re-Examined: The Courts, Parliament, and Statutes

Abstract

Examines the possible connections between parliamentary sovereignty, Hart's rule of recognition, and Kelsen's Grundnorm. The paper should now be read alongside Barber, 'The Afterlife of Parliamentary Sovereignty' (2011) 9 International Journal of Constitutional Law 144-154, and Barber, The Constitutional State (Oxford: Oxford University Press, 2010), chapters 5, 6, and 9.