Browsing by Author "Kamli, Mariem"

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    Challenges to British paliamentary sovereignty: devolution
    (University of Oum El Bouaghi, 2023) Kamli, Mariem; Slimani, Sarra; Ghennam, Fatima
    The traditional theory of parliamentary sovereignty found in A.V. Dicey's writings has long been recognised as the cornerstone of the UK constitution. The Orthodox view argues that no other entity has the authority to invalidate the UK Parliament's unrestricted ability to make laws. However, as the political environment changed, the ideology fell under pressure and a number of challenges occurred and continue to get more serious over time. In this context, the focus of this thesis is to deal with the doctrine of sovereignty between theory and practice. It sheds the light on one major challenge to the Sovereignty of Westminster that is devolution. Indeed, Devolution challenges the doctrine of parliamentary sovereignty in several ways, including the creation of devolved institutions with legislative and executive powers, limitations on the UK Parliament's legislative powers, and the establishment of new constitutional conventions. These developments raised questions about the continuing relevance of the doctrine of parliamentary sovereignty in the UK's constitutional system. Despite these challenges, this research work contends that though the traditional doctrine of parliamentary sovereignty remains the theoretical doctrine of the British Constitution, devolution does actually threaten the sovereignty of the Westminster parliament.