Constituent Power and the Challenge to Parliamentary Sovereignty

"This thesis provides an in-depth analysis of the doctrine of parliamentary sovereignty emphasizing its legal and constitutional dimensions by exploring recent developments in constitutional jurisprudence. The thesis discusses the doctrine’s presence in countries with unwritten constitutions such as the United Kingdom, New Zealand, and Israel, and contrasts it with jurisdictions that have written constitutions, which typically limit legislative power, where they question the extent of parliamentary sovereignty as expressed by different legal scholars such as Blackstone and Dicey. The thesis not only illustrates how parliamentary sovereignty manifests differently across various legal systems, influenced by historical, cultural, and political contexts but also dissects the theoretical underpinnings of parliamentary sovereignty emphasizing the legal scope and boundaries of legislative power. The thesis argues that while parliamentary sovereignty traditionally implies unlimited legislative power, practical, legal, and theoretical considerations suggest that this power is not absolute." ~Dr Mele Tupou Vaitohi (Examiner) "This thesis discusses the question of whether a statute passed by parliament is, by definition, law, or whether parliament’s power is limited to the making of laws as defined according to some alternative standard. It then explores whether such “alternative standards” can be sourced in some concept of “the Constitution” (even in societies with “unwritten constitutions”) by way of interrogating “the constituent power” to make (and unmake) this concept." ~Dr Andrew Geddis (Examiner)