The doctrine of parliamentary sovereignty has long
been regarded as the most fundamental element of the
British Constitution. It holds that Parliament has
unlimited legislative authority, and that the courts
have no authority to judge statutes invalid. This
doctrine has now been criticized on historical and
philosophical grounds and critics claim that it is a
relatively recent invention of academic lawyers that
superseded an earlier tradition in which Parliament's
authority was limited to common law. The critics also
argue that it is based on a misunderstanding of the
relationship between statutory and common law, and is
morally indefensible. The Sovereignty of Parliament:
History and Philosophy responds to these criticisms. It
first defines and clarifies the concept of legislative
sovereignty and then describes the historical origins
and the development of the doctrine from the thirteenth
to the end of the nineteenth century. Professor
Goldsworthy goes on to identify many different reasons
why persuaded statesmen, lawyers, and political
theorists have endorsed the doctrine. He discusses the
ideas of a large number of legal and political thinkers,
including Fortescue, St German, Hooker, Coke, Bacon,
Parker, Milton, Hobbes, Hale, Locke, Bolingbroke,
Blackstone, and Burke. He shows that judges in Great
Britain have never had authority to invalidate statutes,
and that the doctrine is much older than is generally
realized. The book concludes by dealing with
philosophical criticisms of the doctrine. Combining the
insights of earlier thinkers with those of contemporary
legal philosophers, it demonstrates that these
criticisms are based on a defective understanding of the
nature and foundations of law, and of the relationship
between legislative authority and the common law. It
argues that the doctrine is morally defensible, and
refutes the thesis that the judges have authority to
modify or reject it.
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