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Sovereignty Re-Examined: The Courts, Parliament, and Statutes

Abstract:

In this article the relationship between Parliament and courts is examined. The views of writers on sovereignty are considered and criticized. Two criticisms of the sovereignty theorists are made: first, that they wrongly assume that a legal system must attribute supreme legal power to a single source and, second, that they wrongly assume that statutes in the English system constitute absolute exclusionary reasons for decision. It is contended that legal systems, can, and the English Constit...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1093/ojls/20.1.131

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Department:
Trinity College
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
20
Issue:
1
Pages:
131-154
Publication date:
2000-03-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Pubs id:
pubs:601002
URN:
uri:e5e813bd-7b91-4d27-9ff3-2aada0c9bf22"
UUID:
"uuid:e5e813bd-7b91-4d27-9ff3-2aada0c9bf22"
Local pid:
info:fedora/pubs:601002

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