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Although we have a doctrine of legislative sovereignty, legislative power that is legally unlimited is incompatible with the rule of law. Discuss.

 Project ID  00055
 Project Status  Writer (Jennifer1) Chosen (Escrow Pending)
 Created On  03 October 07:15:41
 End On  07 October 07:15:41   (Expired)
 Project Creator  Jennifer (studying in Studying In United Kingdom) ( 8.83 outof 10 )
 Project Type

Essay

 Length
Note: This total includes references and bibliography.
 Deadline 06 October 2007

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 Description Address these points in the essay:

1. What is the rule of law? Is it a legal rule or a constitutional rule? (It can be considered both but please continue the essay after that on the basis that it is political).

As a political rather than a legal principle, how is the rule of law incompatible with legislative sovereignty? You'll need to explain what legislative sovereignty is.

Parliamentary supermacy co-exists with constitutional conventions that require Parliament to comply with many principles of political morality, including the rule of law. This is not the focus but should be mentioned. The focus is whether the rule of law requires that legislative power be subject to legal (judicially enforceable) limits. Was Dicey inconsistent as he adhered to two (conflicting) set of principles?







 Subject Law
Human Rights
 Level  Undergraduate/Bachelors Degree
 Standard Required  2:1
Structural requirements: Please make sure you address the actual question and include the issues mentioned above.
Writing style: Legal writing style - concise, to the point.
Referencing style: oscola
Essential sources:
Requested sources: These sources are not essential but it would be a great advantage if you could analyse them. T R S Allan - Law, Liberty and Justice: The Legal Foundations of British Constitutionalism (oxford, Clarendon Press, 1993) See page 16. G de Q Walker, The Rule of Law, Foundation of Constitutional Democracy (Melbourne, Melbourne University Press, 1988) see p.159
Other comments: Essay should be analytical rather than descriptive. Some background is required i.e. what is the rule of law, what is parliamentary sovereignty, how do the principles clash. But the majority of word count must be spent answering the question.




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