Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 12 of 12 for “"parliamentary sovereignty"”.
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The Accommodation of Parliamentary Sovereignty in the UK’s Territorial Constitution
This thesis asks whether, and if so, how parliamentary sovereignty can be satisfactorily accommodated in the UK’s territorial constitution. This question means considering whether parliamentary sovereignty - a, if not the, central principle in the UK’s constitution - can coexist intellectually …
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The ‘rule of the recognised helm’: How does European Union membership impact upon UK Parliamentary sovereignty?
… historically precedented understandings of UK parliamentary sovereignty. The position adopted is critical of other approaches within a neo-Diceyan, popular sovereigntist and common law paradigm which have accorded too little significance to the past historical precedents defining Parliament’s …
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Debating the theoretical basis for judicial review: A hermeneutical study
… parts. First, it is argued that the doctrine of parliamentary sovereignty operates as a principle. This means that legislation may be balanced against other principles derived from the common law or other statutes. This is in contrast to both the ultra vires and common law theories in which the …
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Affirmative action and the interim constitution
… an exclusively white caucus under the guise of parliamentary sovereignty. The new presidential authority is contained in an Interim Constitution which declares itself to be the supreme law of the Republic (1 ), embodying the concept of constitutional sovereignty for the first time in South …
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More than a ‘culture of justification': evaluating the content and importance of parliament's accountability and oversight functions in a time of state capture
… the apartheid government, through its parliamentary sovereignty mode of governance, did very little to ensure accountability and oversight of the Executive branch of government. As a result, the Executive was able to establish what has been called a culture of authority. The advent of …
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The possibilities of institutional dialogue in South Africa through weak form judicial review
… South Africa was subject to the principle of parliamentary sovereignty, an era where the courts could only challenge legislation on procedural grounds, but had no general power to declare legislation unconstitutional. The Constitution further provides for a separation of powers between these …
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Blackshirts and White Wigs: Reflections on Public Order Law and the Political Activism of the British Union of Fascists
… United Kingdom has never critically challenged Parliamentary sovereignty, it has decisively disrupted public order since its roots were established in the inter-war political scene. The violence provoked by Sir Oswald Mosley’s British Union of Fascists (BUF) was one of the stimulating factors …
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The Human Rights Act 1998: A Bill of Rights for Britain?
… power of the judiciary whilst still preserving parliamentary sovereignty. Although the HRA has the potential on paper to be a third wave Bill of Rights, it is argued that it can only be so if the judiciary takes a relatively expansive approach towards its key provisions: sections 2, 3, 4 and 6. …
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Unlocking the revolutionary potential of Kenya's constitutional right to fair administrative action
… in the bill of rights and the replacement of parliamentary sovereignty with constitutional supremacy. These aspects of the 2010 Constitution sought to effect broad revolutionary changes to Kenya's administrative justice jurisprudence, which was previously premised in large part on the common …
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Incentives and Institutions: A Comparative Legal and Economic Study of Food Safety
… central themes: Constitutional Supremacy versus Parliamentary Sovereignty; American Tort Law, Litigiousness and Safety. This is followed by a discussion around three fundamental points: effectiveness and efficiency of the tort liability as a means to ensure safety, the litigative tendencies, and …
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Policy Referendums in the United Kingdom, New Zealand and Australia: Constitutional Functions and Effects
This thesis examines the theory and practice of ‘policy referendums’ -- i.e. referendums held on questions which are *not* fundamental constitutional issues. In the wake of the 2014 Scottish independence referendum and the 2016 Brexit referendum, much was written on how referendums on certain …
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Readjusting Orthodoxy
The thesis in question is titled “Readjusting Orthodoxy”. It constitutes a discourse in UK constitutional law although legal theoretic, historical, politicial, philosophical, and EU-related complementary themes are also present. It is founded upon, and driven by, two fundamental, inter-related …