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The Constitution of IndependenceThe Development of Constitutional Theory in Australia, Canada, and New Zealand$
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Peter C. Oliver

Print publication date: 2005

Print ISBN-13: 9780198268956

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198268956.001.0001

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Theories of Parliamentary Sovereignty After 1931: New and Revised

Theories of Parliamentary Sovereignty After 1931: New and Revised

Chapter:
(p.76) 4 Theories of Parliamentary Sovereignty After 1931: New and Revised
Source:
The Constitution of Independence
Author(s):

PETER C. OLIVER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268956.003.0004

This chapter discusses the writings of constitutional theorists who challenged the Diceyan orthodoxy. Spearheaded by Ivor Jennings, this view was never so well expressed as by his younger University of London colleague, Richard Latham, son of the Chief Justice of Australia. This book attributes much of the hard intellectual work on the ‘new’ and ‘revised’ view of parliamentary sovereignty to Latham (whose promising academic and professional career was tragically cut short in 1943). HWR Wade, KC Wheare and Geoffrey Marshall are also featured.

Keywords:   Jennings, Latham, Wade, Marshall, Wheare

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