Jump to ContentJump to Main Navigation
Constitutional JusticeA Liberal Theory of the Rule of Law$
Users without a subscription are not able to see the full content.

T. R. S. Allan

Print publication date: 2003

Print ISBN-13: 9780199267880

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199267880.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 22 May 2022

The Rule of Law and Parliamentary Sovereignty

The Rule of Law and Parliamentary Sovereignty

Chapter:
(p.201) 7 The Rule of Law and Parliamentary Sovereignty
Source:
Constitutional Justice
Author(s):

T.R.S. Allan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199267880.003.0007

The rule of law is absolute, constituting the basis of the legal order within which legislative sovereignty must be located and defined. The supremacy of the rule of law entails recognition of a fundamental division of sovereignty. The common law, which today holds the existence of a free and democratic society as its basic tenet, must be viewed as built on two complementary and lawfully unalterable principles: the operation of a democratic legislature and the operation of independent courts. This chapter discusses judicial review of administrative action, the moral foundations of H. L. A. Hart's ‘rule of recognition’, the evolution of the rule of recognition citing human rights and European law, and the constitutional limits of parliamentary sovereignty.

Keywords:   rule of law, parliamentary sovereignty, rule of recognition, human rights, European law, judicial review, administrative action, H.L.A. Hart

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .