Legislative Supremacy

T. R. S. Allan

in Law, Liberty, and Justice

Published in print December 1994 | ISBN: 9780198259916
Published online March 2012 | e-ISBN: 9780191682025 | DOI:

Series: Clarendon Paperbacks

Legislative Supremacy

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The legal doctrine of legislative supremacy in the UK expresses the courts' commitment to British parliamentary democracy. It provides for the exercise of the political will of the electorate through the medium of its parliamentary representatives. If an appropriate conception of the boundaries of the political community provides the framework for the doctrine's application, some conception of democracy must provide its substantive political content. The courts' continuing adherence to the legal doctrine of sovereignty must entail commitment to some irreducible, minimum concept of the democratic principle. In the same light, this chapter suggests that Dicey' s principle of ‘equality before the law’ is the consequence of a deeper conception of the equality of citizens — an equality which forms the basis of commitment to democracy itself.

Keywords: legislative sovereignty; political morality; legislative supremacy; parliamentary sovereignty; Dicey

Chapter.  12471 words. 

Subjects: Constitutional and Administrative Law

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