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Constitutional Theory$
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Geoffrey Marshall

Print publication date: 1980

Print ISBN-13: 9780198761211

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198761211.001.0001

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Legislative Power and Sovereignty

Legislative Power and Sovereignty

Chapter:
(p.35) III Legislative Power and Sovereignty
Source:
Constitutional Theory
Author(s):

Geoffrey Marshall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198761211.003.0004

This chapter discusses sovereign legislative power, which means that Parliament can legislate for all persons and all places. It explains why sovereign legislative power has never enjoyed universal acceptance and why others have tried to disarm and reformulate the theory from within. Such reformulation has sometimes aimed at attacking one attribute of sovereignty by denying another, for example, denying its ‘indivisibility’ in order to reduce the impact of its illimitability. It is the ‘illimitability’ which has worried some political theorists, and made them wish to resolve or dissolve what has been described as the ‘problem’ or ‘dilemma’ of sovereignty.

Keywords:   sovereign legislative power, sovereignty, indivisibility, illimitability

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