Tag: parliamentary sovereignty

Judicial Power’s 50 “problematic” cases and the limits of the judicial role

The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach” which, it is […]

Theresa May’s case for withdrawal from the ECHR: Politically astute, legally dubious, constitutionally naïve

Theresa May argues that the UK should remain in the EU but withdraw from the ECHR. Her thinking may be politically comprehensible, but does it stack up in legal or constitutional terms?

Henry VIII powers: A follow-up post

I wrote earlier this week about Lord Judge’s recent lecture on Henry VIII powers — that is, powers conferred on the executive to amend or repeal provisions in Acts of Parliament — and parliamentary sovereignty. […]

Lord Judge on Henry VIII Powers and Parliamentary Sovereignty

Earlier this week, Lord Judge, a former Lord Chief Justice, delivered a lecture at King’s College London entitled: “Ceding Power to the Executive; the Resurrection of Henry VIII”. The reference to Henry VIII is to […]

Parliamentary sovereignty and European Union law: A short reading list

Now that the starting gun has been fired on the EU referendum campaign, the idea of parliamentary sovereignty—what it means, whether it is compatible with EU membership, and whether it can meaningfully be reasserted whilst the UK […]

Factortame and the voluntary acceptance of limits on sovereignty: A response to Professor Mead

I recently wrote a 1,000 words post on parliamentary sovereignty and the supremacy of EU law. In response, Professor David Mead wrote a thought-provoking blogpost in which he expresses doubt about the notion—invoked by Lord […]

1,000 words / If EU law is supreme, can Parliament be sovereign?

That the United Kingdom’s Parliament is sovereign is a — perhaps the — fundamental principle of British constitutional law. Yet the supremacy of European Union law — meaning that it takes priority over conflicting laws enacted […]