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Record W1585230786

Revisiting the ‘Manner and Form’ Theory of Parliamentary Sovereignty

2013· article· en· W1585230786 on OpenAlexaff
Han-Ru Zhou

Bibliographic record

Venuenot available
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsUniversité de Montréal
Fundersnot available
KeywordsParliamentary sovereigntyParliamentStatuteSovereigntyPopular sovereigntyLawPolitical scienceArgument (complex analysis)LegislatureCommonwealthLegislative intentLegislationConstitutional theoryLaw and economicsConstitutionSociologyPolitics
DOInot available

Abstract

fetched live from OpenAlex

Perhaps the most long-standing debate concerning English Parliamentary sovereignty is whether Parliament’s legislative authority can be subject to certain formal or procedural requirements that must be fulfilled before a purported statute concerned by such requirements can be recognised as a statute or be enforceable, namely “manner and form” conditions. This article makes the argument that English Parliamentary sovereignty is reconcilable with the manner and form theory. It begins with a brief overview of the “traditional view” of Parliamentary sovereignty followed by an explanation of the manner and form theory. After setting out these two competing views of Parliamentary sovereignty, the argument will proceed along three propositions. Firstly, from a comparative perspective, the logical implications of the “Commonwealth cases” are that manner and form conditions would bind a legislative body which possesses the same characteristics as the English Parliament. Thus, these cases should be considered as persuasive. Secondly, in R. (Jackson) v. A.G. [2006] 1 A.C. 262 (H.L.), the majority of the Law Lords explicitly or implicitly accepted the manner and form theory. Such an acceptance would derive from their holding that, following the enactment of the Parliament Act 1911, Parliament has successfully redefined itself or created a new method of enacting legislation. And thirdly, the attitudes of that other key constitutional actor, namely Parliament, and of “senior officials” of the legislative branch suggest that the legislative branch would accept the manner and form theory.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.555
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.281
Teacher spread0.258 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations5
Published2013
Admission routes1
Has abstractyes

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