Historical Analysis of Goldsworthy's Sovereignty of Parliament

Australian Journal of Legal Philosophy, Vol. 27, pp. 156-171, 2002

16 Pages Posted: 23 Jun 2008

Date Written: 2002

Abstract

This article was presented as an historical analysis of Jeffrey Goldswothy's book, The Sovereignty of Parliament (OUP 1999) at a Symposium organized by the Australian Society of Legal Philosophy. It takes issue with Goldsworthy's definition of 'parliament' as 'the King in Parliament' and focusses on the critical role of the monarch as an integral part of the legal Parliament. It argues that restrictions on the power of both monarch and of the Parliament are placed by the terms of the oath of governance (or coronation oath) so that Parliament may not enact whatever it wishes i.e. it is not sovereign. Rather ultimate sovereignty is to be found in the terms of the sovereign's oath of governance. It examines the historical record to support the argument.

Keywords: Sovereignty of Parliament, Parliament, monarchy, common law, common law of the monarchy, coronation oath, oath of governance, Sir Edward Coke, Blackstone, Locke, Charles I, House of Commons, constitutional history, constitutional law

JEL Classification: K00

Suggested Citation

Kelly, Margaret R.L.L., Historical Analysis of Goldsworthy's Sovereignty of Parliament (2002). Australian Journal of Legal Philosophy, Vol. 27, pp. 156-171, 2002, Available at SSRN: https://ssrn.com/abstract=1149863

Margaret R.L.L. Kelly (Contact Author)

Macquarie Law School ( email )

Macquarie University
Balaclava Road, North Ryde NSW, 2109, Australia
Sydney, New South Wales 2109
Australia

HOME PAGE: http://www.law.mq.edu.au/html/staff/kellym.htm

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