Parliamentary Sovereignty and the Rule of Law: autonomous or interlinked?
Dr Alex Latham-Gambi discusses the relationship between parliamentary sovereignty and the Rule of Law.
Dr Alex Latham-Gambi discusses the relationship between parliamentary sovereignty and the Rule of Law.
Among others, Alex discusses this in the context of judicial review and statutory interpretation, and introduces his latest work on that subject-matter.
What is the relationship between parliamentary sovereignty and the rule of law? The assumption that pervades the literature is that parliamentary sovereignty and the rule of law sometimes clash, so that it is sometimes necessary for the courts to ‘qualify’ the former so as to protect the latter. Qualifying parliamentary sovereignty is distinguished from abandoning it on the basis that Parliament retains the right to violate the rule of law so long as it uses ‘express language or necessary implication’. Thus the tension between the two principles is said to be managed. Read full article...