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The Sovereignty of Parliament: History and Philosophy
 
 
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The Sovereignty of Parliament: History and Philosophy [Paperback]

Jeffrey Goldsworthy

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The Sovereignty of Parliament: History and Philosophy + Parliamentary Sovereignty: Contemporary Debates (Cambridge Studies in Constitutional Law) + Parliamentary Sovereignty and the Human Rights Act
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Jeffrey Denys Goldsworthy
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Review

Professor Goldsworthy has written an important and valuable book, and historians of English political thought will find in it a broad and thoroughly informed account of the development of ideas on parliamentary sovereignty. (History of Political Thought )

The historical arguement is persuasively made ... (Geoffrey Marshall, TLS )

Jeffrey Goldsworthy of Monash University now looses a vigorous counter-blast on both the historical and philosophical fronts. (Geoffrey Marshall, TLS )

Goldsworthy's use of secondary sources and his scholarship are admirable. The style may be allusive, but it is nonetheless very readable and his arguments in the chapter dedicated to the philosophical foundations of the doctrine are clearly written and accessible. (Patrick Birkinshaw, THES. )

This valuable book will be found challenging by the critics of parliamentary sovereignty. In its mild and persuasive way, it leaves their arguments in shreds ... This book will prove impossible to ignore in that debate; Indeed, its arguments will dominate it. (Christopher Forsyth, The Cambridge Law Journal 2000 ) --This text refers to the Hardcover edition.

Patrick Birkinshaw, THES.

"Goldsworthy's use of secondary sources and his scholarship are admirable. The style may be allusive, but it is nonetheless very readable and his arguments in the chapter dedicated to the philosophical foundations of the doctrine are clearly written and accessible." --This text refers to the Hardcover edition.

Inside This Book (Learn More)
First Sentence
The doctrine of parliamentary sovereignty has long been ragarded as the most fundamental element of the British Constitution. Read the first page
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Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover
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4 of 4 people found the following review helpful
AN OUTSTANDING ANALYSIS 25 Sep 2002
By Augusto Zimmermann - Published on Amazon.com
Format:Paperback
The discussion about the possibility of British judges invalidate statutes is surrounded by a vast complexity of questions. According the theory of its sovereignty, the British Parliament has unlimited legislative power, despite the fact that it also happens because of the legal flexibility of the unwritten Constitution. Written by Professor Goldsworthy, "The sovereignty of Parliament" is an outstanding book about this extremely important doctrine. Here, Goldsworthy has contested many recent critics about the doctrine of the parliamentary sovereignty, which have claimed that it is a recent invention of academic lawyers and, furthermore, that it is based in a misunderstanding about the real nature of the British Constitution. Then, the author magnifically pointed out that this doctrine, as a matter of fact, has been present in the English constitutionalism since the thirteenth century. Discussing many legal and political thinkers, including Fortescue, Locke, Hobbes and Blackstone, he has empirically proved that British judges have never had authority to invalidate statutes, and, what is more, that this doctrine of the parliamentary sovereignty is much older than usually imagined. To conclude, Goldsworthy observes that the traditional English concept of the sovereignty of Parliament is morally defensible, as well as the judicial review is not essential for the protection of human rights and democracy, even though judicial control of the legal constitutionality could improve the protection of human rights and democracy.

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