Parliamentary sovereignty
Revisiting the ‘Manner and Form’ Theory of Parliamentary Sovereignty
Abstract Perhaps the most long-standing debate concerning English Parliamentary sovereignty is whether Parliament’s legislative authority can be subject to certain formal or procedural requirements that must be fulfilled before a purported statute concerned by such requirements can be recognised as a statute or be enforceable, namely “manner and form” conditions. This article makes the argument […] Read more
A Dynamic View of Canadian Parliamentary Sovereignty
This paper proposes a re-examination of the essential features of Parliamentary sovereignty in the Canadian context and of its development since Confederation, especially with the adoption of the Constitution Act 1982. The paper then aims at connecting the law of Parliamentary sovereignty and its historical evolution with underlying constitutional theory. While there may be no […] Read more