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On Parliamentary Sovereignty And The Parliamentary Union Between England And Scotland

Posted on:2016-11-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:P F DaiFull Text:PDF
GTID:1226330503493873Subject:Jurisprudence
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Parliamentary sovereignty is the fundamental constitutional principle of Great Britain in 18 th and 19 th century. On the other hand, Great Britain is a sea power. The parliamentary Union between England and Scotland in 1707 marks the emergence of a united state of Great Britain, which is particularly important for a sea power. Therefore, the principle of parliamentary sovereignty and the parliamentary union of England and Scotland in 1707 are the two cornerstones of the "liberal empire".A.V. Dicey is the most famous expounder of the principle of parliamentary sovereignty. His masterwork Introduction to the Study of the Law of the Constitutions deeply elucidates this principle. And his last book is Thoughts on the Union between England and Scotland, which discusses the parliamentary union of England and Scotland in 1707. Therefore, the constitutional ideas of Dicey is instructive for understanding the event of the parliamentary union of England and Scotland in 1707, as well as the principle of parliamentary sovereignty.Based on the understanding of the constitutional ideas of A.V. Dicey, this dissertation wish to set forth the principle of sovereignty and its relationship with the parliamentary union of England and Scotland. The author wishes to deepen the study of the British constitutional law from a unique perspective of the parliamentary union of England and Scotland.The first part is an introduction. Introduction begins with the tension between liberty and power, and introduces the subject matter hereof. And an overview briefly discusses the historiography of the English-speaking world about the union of England and Scotland, as well as Chinese scholars’ researches on the subject. The second part is a discussion of the theory of the principle of parliamentary sovereignty; it discusses Dicey’s discussion of the principle of parliamentary sovereignty from liberal perspective and imperial perspective; it discusses Dicey’s discussion of the parliamentary union of England and Scotland in 1707. The third part briefly treats relations between the kingdom of England and the kingdom of Scotland before 1603, when the union of Crown began. The fourth part discusses the several revolutions and the constitutional changes since the union of crown in 1603.These revolutions and constitutional changes focus on the question who the sovereignty lie to, King alone or King in Parliament? The fifth part discusses the success of the Glorious Revolution, and the principle of parliamentary sovereignty which is achieved in England and Scotland. However, what results from the realization of the principle of parliamentary sovereignty in the two countries, is several great political crises. In order to solve these crises, and also to avoid the constitutional principle of parliamentary sovereignty from destroyed by French absolutist regime, the Whig politicians of both country have no choices but the parliamentary union of England and Scotland. With the pass of Acts of Union in the two parliaments of England and Scotland in 1707, the parliamentary union of England and Scotland completes. The last part briefly summarizes the argument of this dissertation. The establishment of the principle of parliamentary sovereignty in two countries is a prerequisite for the parliamentary union of England and Scotland; the success of the parliamentary union of two countries safeguards the constitutional principle of parliamentary sovereignty in Britain, which will become a fundamental constitutional principle of the United Kingdom of Great Britain.
Keywords/Search Tags:parliamentary sovereignty, A.V.Dicey, Glorious Revolution, parliamentary union
PDF Full Text Request
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