The value of Parliamentary sovereignty

Frage	Antworten
The value of Parliamentary sovereignty	- that uncertain democratic pedigree of Parliamentary sovereignty: D Oliver "Parliament and the courts: a pragmatic (or principled) defence of the sovereignty of Parliament" - Parliamentary sovereignty is sometimes connected with political constitutionalism: JAG Griffith "the political constitution" 1979, Tomkins "a republican constitution" 2005, Webber and Gee "what is a political constitution?" 2010
For uncodified constitution	More democratic (majoritarian) no "dead hand of the past" more flexible less judicialised no strong evidence that written constitutions give greater protection to rights if it ain't broke, then don't fix it supporters: JAG Griffith Adam Tomkins Jeffrey Goldsworthy Jeremy Waldron Carol Harlow Nick Barber Martin Loughlin
Against uncodified constitution	Highly exceptional (only very few states don't have written constitutions) protection of minority and human rights controls abuse of powers by legislature controls dominance of legislature by executive it is an act by "the people" in a constituent assembly to create/choose the fundamentals rules of the game greater clarity for the separation of powers less inertia supporters: TRS Allan Gavin Phillipson Ronald Dworkin Stewart Lakin Vernon Bogdanor Ian McClean many other legal scholars

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	Erstellt von Dina Storz vor etwa 8 Jahre