The Sovereignty of Parliament History and

In British constitutional law, the doctrine of parliamentary sovereignty maintains that Parliament has unlimited legislative authority. Critics have recently challenged this doctrine, on historical and philosophical grounds. This book describes its historical origins and development and identifies the reasons why it was adopted, examines its current legal basis, and responds to the critics.

Professor Jeffrey Goldsworthy is Associate Professor of Law at Monash University, Australia

Introduction

1

(8)

Defining Parliamentary Sovereignty

9

(13)

`Parliament' and `Sovereignty' Defined

9

(7)

Sovereignty and `Higher Law'

16

(6)

From Bracton to the Reformation

22

(29)

Medieval Kingship, Law, and Politics

22

(6)

Parliament and its Authority

28

(10)

Parliament as a Law-Maker

38

(6)

Parliament and the Courts

44

(2)

Parliament in Legal Theory

46

(2)

Parliament and the Church

48

(3)

The Sixteenth Century

51

(27)

The Authority of Parliament Extended

51

(7)

The Supremacy of Parliament Recognized

58

(5)

Two Theories of the Authority of Parliament

63

(2)

Royalist Theories

65

(2)

Parliamentarian Theories

67

(8)

Prelude to the Seventeenth Century

75

(3)

From James I to the Restoration

78

(64)

Political Theories in Early Stuart England

78

(1)

Royalist Theories of the Authority of Parliament

79

(17)

Parliamentarian Theories of the Authority of Parliament

96

(13)

Common Law Theories of the Authority of Parliament

109

(15)

Parliamentary Sovereignty Affirmed

124

(11)

The Interregnum

135

(7)

From the Restoration to the Revolution

142

(17)

Monarchist Ideologies

142

(7)

Whig Ideology

149

(10)

After the Revolution

159

(62)

Whig and Tory Consensus

159

(6)

The Union of England and Scotland

165

(8)

Legal Sovereignty, Popular Sovereignty, and the Right of Resistance

173

(15)

Law-Making Power and Constitutional Principle

188

(4)

British Opinion during the American Crisis

192

(5)

Judicial Opinion and Legal Theory

197

(7)

American Revolutionary Constitutional Theory

204

(11)

The Reform Movement in Britain

215

(6)

The Nineteenth Century

221

(8)

Historical Conclusions

229

(7)

The Philosophical Foundations of Parliamentary Sovereignty

236

(45)

Parliamentary Sovereignty and Legal Philosophy

236

(1)

Law as the Foundation of Law-Making Authority

236

(2)

The Common Law as the Foundation of Law-Making Authority

238

(8)

Legal Principles as the Foundation of Law-Making Authority

246

(4)

The Practice of British Officials

250

(3)

Official Consensus as the Foundation of Law-Making Authority

253

(6)

The Argument From Extreme Cases

259

(13)

Further Arguments

272

(5)

The Alleged Necessity of Judicially Enforceable Constitutional Rights

277

(4)

References

281

(30)

Index of Names and Index of Subjects

311

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The Sovereignty of Parliament History and Philosophy

Summary

Author Biography

Table of Contents

Supplemental Materials