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The British Constitution Resettled
Jim McConalogue
其他書名
Parliamentary Sovereignty Before and After Brexit
出版Springer, 2019-07-17
主題Political Science / World / EuropeanLaw / ConstitutionalPolitical Science / Public Policy / GeneralPolitical Science / History & TheoryPolitical Science / GeneralPolitical Science / Political Ideologies / GeneralPolitical Science / Political Process / General
ISBN30302529069783030252908
URLhttp://books.google.com.hk/books?id=3EGjDwAAQBAJ&hl=&source=gbs_api
EBookSAMPLE
註釋Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.