Chapter

We the People

Iain Mclean

in What's Wrong with the British Constitution?

Published in print November 2009 | ISBN: 9780199546954
Published online February 2010 | e-ISBN: 9780191720031 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199546954.003.0015
We the People

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Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. Strong entrenchment of EU law. Justified on pragmatic, not democratic, grounds. EU polices supranational public goods and bads, and therefore needs some supranational powers. Weak entrenchment of human rights law: the model for entrenchment of other constitutional laws. What is a constitutional statute?—the list in Thoburn. Discrete and insular minorities. Origin of the phrase in the United States; its applicability in United Kingdom. Comity between courts and parliament. How we the people of the United Republic might ordain to ourselves a constitution.

Keywords: Dicey, A. V; Parliamentary sovereignty; Waldron, Jeremy; entrenchment; public goods; constitutional statutes; Laws, Sir John; Bridge, Lord; Thoburn; discrete and insular minorities; Stone, Harlan; comity; popular ratification; Levellers; Rainborough, Thomas

Chapter.  10027 words. 

Subjects: Comparative Politics

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