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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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Parliamentary Sovereignty in the Empire and Commonwealth: Dicey’s Dominions and Dogmas

Parliamentary Sovereignty in the Empire and Commonwealth: Dicey’s Dominions and Dogmas

Chapter:
(p.54) 3 Parliamentary Sovereignty in the Empire and Commonwealth: Dicey’s Dominions and Dogmas
Source:
The Constitution of Independence
Author(s):

PETER C. OLIVER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268956.003.0003

This chapter sets out the orthodox view of parliamentary sovereignty associated principally with A. V. Dicey: that parliament – and therefore the Imperial Parliament – can make any law whatsoever, and that no institution can challenge Parliament's ability to do so. So long as local courts and local populations were willing to accept this principle, the Westminster Parliament could act as a constituent assembly for the Empire.

Keywords:   Dicey, Bryce, Keith, Vauxhall, Ellen Street, British Coal Corporation, Trethowan

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