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 premises. First, that it is the orthodox reading of the UK Constitution which best describes and explains the present constitutional arrangement: the UK Parliament is a sovereign institution sitting at the apex of the UK Constitution and vested with the right to make and unmake any law whatsoever. In the second place, that, notwithstanding the above, this very reading of the UK Constitution is currently deficient in terms of internal cohesion, is plagued by ingrained anachronistic dogmas and enjoys only a limited adaptability. From these premises emerges a third proposition; namely, that the UK constitutional discourse as a whole would stand to lose greatly should alternative constitutional theories that are less suited to describe and explain the current constitutional arrangement replace the orthodox reading of the Constitution by exploiting these conspicuous drawbacks. Thus, the present treatise argues that the orthodox reading should after critical evaluation be readjusted in the various ways to be proposed so as to be rendered coherent, consistent, impervious to the numerous challenges it currently faces and, ultimately, capable of continuing to offer the canonical account of the ever-changing UK Constitution.

Name dc:type.qualificationname

Doctor of Philosophy (PhD)

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

University of Cambridge

Year dc:date.issued

2018

Author dc:creator

• Lappas, Filippos

Advisor dc:contributor.advisor

• Forsyth, Christopher

• Constitutional Law
• European Union
• Parliamentary Sovereignty
• Implied Repeal
• Factortame
• Constitutional Statutes
• Statute of Westminster 1931
• Self-embracing Sovereignty
• Treaty of Union 1707
• Parliament Act 1911
• Parliamentary Roll
• Legal Theory
• Parliamentary privilege
• Bill of Rights
• Statutory Interpretation
• Parliamentary Intention
• Common Law Constitutionalism
• Albert Venn Dicey
• European Communities Act 1972
• Can Parliament bind its successors

Licence

• https://apollo8-f-pro.lib.cam.ac.uk/bitstreams/a286ad4e-819e-4ddb-8d1b-e0623947aacc/download
• https://creativecommons.org/licenses/by-nc/4.0/

Language dc:language

en

DOI dc:identifier.doi

https://doi.org/10.17863/CAM.17557

OAI identifier oai:identifier

oai:www.repository.cam.ac.uk:1810/270629