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What's Wrong with the British Constitution?$
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Iain McLean

Print publication date: 2009

Print ISBN-13: 9780199546954

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199546954.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 October 2020

We the People

We the People

(p.313) 14 We the People
What's Wrong with the British Constitution?

Iain Mclean

Oxford University Press

Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. Strong entrenchment of EU law. Justified on pragmatic, not democratic, grounds. EU polices supranational public goods and bads, and therefore needs some supranational powers. Weak entrenchment of human rights law: the model for entrenchment of other constitutional laws. What is a constitutional statute?—the list in Thoburn. Discrete and insular minorities. Origin of the phrase in the United States; its applicability in United Kingdom. Comity between courts and parliament. How we the people of the United Republic might ordain to ourselves a constitution.

Keywords:   Dicey, A. V, Parliamentary sovereignty, Waldron, Jeremy, entrenchment, public goods, constitutional statutes, Laws, Sir John, Bridge, Lord, Thoburn, discrete and insular minorities, Stone, Harlan, comity, popular ratification, Levellers, Rainborough, Thomas

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