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Parliament and Congress: Representation and Scrutiny in the Twenty-First Century$
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William McKay and Charles W. Johnson

Print publication date: 2010

Print ISBN-13: 9780199273621

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199273621.001.0001

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Basic Constitutional Distinctions

Basic Constitutional Distinctions

(p.11) 2 Basic Constitutional Distinctions
Parliament and Congress: Representation and Scrutiny in the Twenty-First Century

William McKay

Charles W. Johnson

Oxford University Press

The absolute legislative supremacy of the UK Parliament has—by law made by Parliament itself—been modified in practice by several factors, including EU membership, human rights legislation, and statutory devolution. Many difficult problems remain without complete resolution. The effectiveness of parliamentary scrutiny of EU legislation, and a solution to the West Lothian question are the most significant. Much of US constitutional law involving Congressional authority has evolved from judicial interpretations of Article I (particularly the Commerce Clause); the 10th Amendment—powers reserved to the States or to the people; the 11th Amendment—Sovereign immunity of the States; the 12th Amendment—election of President and Vice President; and the 14th Amendment—Congressional enforcement of guarantees of citizens' rights of due process and equal protection of the law.

Keywords:   EU, judicial interpretations of Congressional authority, legislative supremacy, statutory devolution

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