Parliamentary sovereignty — Dicey and its critics
Dicey's three propositions, the orthodox theory, and its principal critics — Jennings, Wade, Hart, Allan, Goldsworthy, and the Jackson dicta.
Overview
Parliamentary sovereignty is the foundational principle of the modern UK constitution and the most contested doctrine in contemporary public law. The orthodox account is Dicey''s: Parliament can make or unmake any law, no Parliament can bind its successors, and no body other than Parliament has the right to override or set aside its legislation. Each of these three propositions has attracted serious criticism, and each is now qualified in ways that Dicey did not anticipate.
This week explores Dicey''s account, the principal critical responses, and the modern case-law that has tested both. The doctrinal payoff is the ability to identify, when reading any constitutional case, which version of sovereignty the court is operating with — Dicey''s, the manner-and-form alternative, or some hybrid.
The topic connects to W1 (the sources of the constitution), W3 (the rule of law — competing foundational principle), W4 (separation of powers), W7 (EU law and Brexit — the Factortame and Miller I cases), and W8 (HRA — the Ghaidan and Bellinger line on s 3). It is also the conceptual foundation for the FHS-year material on prerogative, devolution, and the constitutional dialogue between Parliament and the courts.
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