This episode explores the concept of parliamentary sovereignty with Professor Aileen McHarg. It is a wide-ranging conversation which touches on foundational elements of parliamentary sovereignty, judicial interpretation, devolution, Brexit and democracy. It is an engaging and enlightening look at a key legal concept which underpins constitutional law in the United Kingdom and has been at the forefront of political discourse in the debate over Brexit.
Further reading on parliamentary sovereignty by Professor McHarg:
A. McHarg, (2018) “Constitutional Change and Territorial Consent: The Miller Case and the Sewel Convention” in The UK Constitution after Miller (eds) M. Elliott, J. Williams and A. L. Young. Hart Publishing.
A. McHarg and C. McCorkindale "Continuity and Condusion: Towards Clarity? The Supreme Court and the Scottish Continuity Bill" (blogpost, UKCLA)
A. McHarg (2006) “What is devolved legislation?” Public Law.
The academic work mentioned by Professor McHarg in the episode can be found here:
Public Law for Everyone - Professor Mark Elliott (Professor of Public Law, Chair of the Faculty of Law, University of Cambridge)
J. Goldsworthy, (2001) The Sovereignty of Parliament: History and Philosophy. Oxford University Press.
M. Gordon, (2015) Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy. Hart Publishing.
Oxford Putney Debates 2020 - Keynote lecture on parliamentary sovereignty by Prof Mike Gordon (Constitutional Law, University of Liverpool)
AL. Young, (2009) Parliamentary Sovereignty and the Human Rights Act. Hart Publishing.