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Parliamentary sovereignty and democratic accountability: matters of prerogative powers and legal reasoning

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  • O D Delaney, Marianne

Abstract

This paper aims to contribute to the extant literature on the matter by highlighting how and why it is necessary to delineate between matters of public interests, national security – and ultimately the need to balance interests of democratic accountability and parliamentary (legislative) sovereignty from a background of the context, content and prevailing matters of public policy and constitutional relevance – even as intended by the rule of law and the application of separation of powers. Further, it highlights why the role of the judiciary becomes all the more important in ensuring that an appropriate balance and favorable consensus is reached between politically motivated goals and the need to uphold democratic accountability – particularly given the fact that the legislative and executive branches are more intricately linked – such that there are greater possibilities of conflicts of interest between these two branches.

Suggested Citation

  • O D Delaney, Marianne, 2019. "Parliamentary sovereignty and democratic accountability: matters of prerogative powers and legal reasoning," MPRA Paper 96233, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:96233
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    File URL: https://mpra.ub.uni-muenchen.de/96233/1/MPRA_paper_96233.pdf
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    More about this item

    Keywords

    democratic accountability; rule of law; separation of powers; parliamentary sovereignty; Congress; parliament; Brexit;
    All these keywords.

    JEL classification:

    • E4 - Macroeconomics and Monetary Economics - - Money and Interest Rates
    • E44 - Macroeconomics and Monetary Economics - - Money and Interest Rates - - - Financial Markets and the Macroeconomy
    • K2 - Law and Economics - - Regulation and Business Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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