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The Afterlife of Parliamentary Sovereignty

(2011) 9 International Journal of Constitutional Law 144-254

11 Pages Posted: 7 Nov 2014  

Nicholas W. Barber

University of Oxford - Faculty of Law

Date Written: November 6, 2014

Abstract

The paper discusses the nature of Parliamentary sovereignty. Beginning by reflecting on the understandings of sovereignty that were present before 1991, the paper argues that the rule was abandoned in the pivotal case of Factortame. Nevertheless, Parliamentary sovereignty has enjoyed an afterlife. Though no longer part of the United Kingdom’s Constitution, it still continues to attract the attentions of scholars, who, knowingly or unknowingly, apply the label to new constitutional phenomena. The paper concludes by reflecting on the problems this can cause.

Keywords: Parliamentary Sovereignty

Suggested Citation

Barber, Nicholas W., The Afterlife of Parliamentary Sovereignty (November 6, 2014). (2011) 9 International Journal of Constitutional Law 144-254. Available at SSRN: https://ssrn.com/abstract=2520028

Nicholas W. Barber (Contact Author)

University of Oxford - Faculty of Law ( email )

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

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