Chapter

. Theoretical Approaches to Sovereignty and Legal System

PETER C. OLIVER

in The Constitution of Independence

Published in print April 2005 | ISBN: 9780198268956
Published online January 2010 | e-ISBN: 9780191713200 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268956.003.0012
. Theoretical Approaches to Sovereignty and Legal System

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This chapter attempts an original explanation of the independence of legal systems. The assumption made here is that constitutional independence can be explained, first, by observing that questions of sovereignty are closely related to issues which are central to the concept of a legal system; and secondly, by asserting the independence of local constitutional theory. A credible explanation for independence is set out in a series of propositions. The virtue of this explanation is that it provides an account of what lawyers, politicians and the public apparently assume: that Australia, Canada, and New Zealand are now independent and that that independence was achieved by legal means.

Keywords: parliamentary sovereignty; legal system; Hart; Kelsen; Raz; MacCormick; self-embracing sovereignty; continuing sovereignty; rule of recognition

Chapter.  15672 words. 

Subjects: Constitutional and Administrative Law

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