Parliamentary Sovereignty – A Doctrine Unfit for Purpose
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Alexander Orakhelashvili
Lecturer at the School of Law of the University of Birmingham
Abstract
Parliamentary sovereignty in the British constitutional context is expressive of the utilitarian philosophy which dictates that government is there to gratify the wishes and interests of the majority to the greatest extent possible. This approach, at times cast in more moderate terms as ‘democratic legitimacy’, arguably reflects the majoritarian underpinnings of British parliamentarism. A close look on the workings of ‘parliamentary sovereignty’ reveals, however, that its discrete constitutional relevance is not great. Courts in the English legal system retain their full-fl edged law-making power, and are entitled to balance the legislation-backed public utility by common law constitutional considerations. The examination of the relevant aspects of English law shows that parliamentary sovereignty is neither sufficient nor necessary for properly articulating and giving effect to the demands of public utility.
About the author
Lecturer at the School of Law of the University of Birmingham
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Parliamentary Sovereignty – A Doctrine Unfit for Purpose
- Restoration Constitution-Making
- Notes & Essays
- You Break it, You Own it: South African Assembly Jurisprudence after Garvis
- On the Obergefell Dissenters′ Selective Judicial Self-restraint
- The Use and Abuse of Definitions in Constitutional Law
- Developments Austria
- Hypo Reorganization Act Violates Right to Property
- The Obligation to determine ‘Risk of Absconding’
- Provisions for Appeals against Detention Pending Deportation violate the Austrian Constitution
- Developments CEE
- Constitutional Court of Romania: National Cybersecurity versus Fundamental Rights and Freedoms
- Constitutional Court of Romania: The Requirements for the Registration of a Political Party
