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Doctrine of Sovereignty and Jackson - Case Study Example

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The author of the "Doctrine of Sovereignty and Jackson" paper analyzes the case of Jackson that is significant in that the notion of Parliamentary Sovereignty is being challenged. The Court of Appeal had to determine the intent of Parliament and whether a statute had been created in the first place…
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Doctrine of Sovereignty and Jackson
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Download file to see previous pages The orthodox approach to judicial review of Parliamentary mandates is based upon the absolute and indivisible sovereignty of the British Parliament4. As stated by Dicey: (a) “Parliament has the right to make or unmake any law whatever” and (b) no person or body may be recognized as having the legal authority to set aside or invalidate the acts of Parliament, except Parliament itself. Thus, the indivisibility of Parliamentary power sets it out as the source of all valid authority.

As a result, the British power of judicial review would not include the power to invalidate Acts of Parliament, rather the Courts may only use their powers to constrain any abuse of powers by the other arms of Government.8 A judicial review will only examine the procedure9 based upon which a governmental body has arrived at its decision and may issue a mandatory order for the application to be re-reviewed. Moreover, once an Act is passed, a judicial reference to the Law Commission’s Report on the Interpretation of Statues10 in order to determine the true construction of a statute is contravened on the basis that it is of doubtful benefit and a costly exercise11. Therefore, despite Parliamentary sovereignty, the scope of judicial review and interpretation of Acts has been extended.

Jennings has opposed Dicey’s theory by arguing for limiting of Parliamentary power by the manner and form of the process of procedural entrapment12a. A piece of legislation would be deeply entrenched if amendment requires unanimous support within the Houses of Parliament. Jennings defines legal sovereignty by specifying that Parliament has the power to make laws for the time being, but not to bind future Parliament. The power of Parliament to make laws is also subject to the rule of recognition that is to be recognized by the Courts, “including a rule which alters this law itself.”b Hence lawmaking will be conditioned by the rule of recognition, which will limit the powers of Parliament to bind successors in an era where rules of recognition may differ. ...Download file to see next pagesRead More
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Doctrine of Sovereignty and Jackson Case Study Example | Topics and Well Written Essays - 1500 words.
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Doctrine of Sovereignty and Jackson Case Study Example | Topics and Well Written Essays - 1500 Words.
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