Allison on The Westminster Parliament's Formal Sovereignty in Britain and Europe from a Historical Perspective @cambridgelaw

John W. F. Allison, Cambridge University Faculty of Law, has published The Westminster Parliament's Formal Sovereignty in Britain and Europe from a Historical Perspective as University of Cambridge Faculty of Law Research Paper No. 47/2018. Here is the abstract. In the historical backdrop to domestic British debates about Brexit has been tension between two contrasting and competing conceptions of the Westminster Parliament’s sovereignty. In issue has been whether or how parliamentary sovereignty has been subject to constraint, to limitations of form or substance, in strict legal theory or in practical politics. The tension was the product of a doctrinal dichotomy that Albert Venn Dicey introduced in the late-nineteenth century. He introduced it in attempting to juridicalise or juridify the constitution in his foundational and multi-edition textbook ‘The Law of the Constitution’. The dichotomy was, on the one hand, of a formal legal conception of…

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