Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis – UK Constitutional Law Association

Posted May 2nd, 2017 in constitutional law, news, parliament, treaties by sally

‘The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court:

“If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own polity is secure. If the executive must always seek the sanction of Parliament in the event that a proposed action on the international plane will require domestic implementation, parliamentary sovereignty is reinforced at the very point at which the legislative power is engaged (para 5.20).”‘

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UK Constitutional Law Association, 28th April 2017

Source: www.ukconstitutionallaw.org