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Comparative and Foreign Law

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2016

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Constitutional Change And Wade's Ultimate Political Fact, Richard Kay Jan 2016

Constitutional Change And Wade's Ultimate Political Fact, Richard Kay

Faculty Articles and Papers

The doctrine of parliamentary sovereignty in the United Kingdom may be alive but it is not exactly well. Over the last 40 years, the notion that Parliament may make binding law on any question whatsoever has been buffeted by various political and judicial developments and attacked by numerous academic commentators.' Looking back, the 1950s might seem a sort of golden age of the doctrine. But the first line of Sir William Wade's great article, 'The Basis of Legal Sovereignty', published in 1955, declared that a recent judgment had 'turned the thoughts of many lawyers to the subject of legal sovereignty'. …