Parliamentary Sovereignty: New Zealand - New Millennium
Author(s) -
Karen Grau
Publication year - 2002
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v33i2.5846
Subject(s) - sovereignty , statute , parliamentary sovereignty , project commissioning , power (physics) , political science , law , publishing , politics , physics , quantum mechanics
This famous passage, which seems to clearly state that the courts may overturn an Act of Parliament, has from 1610 to 2001 variously been followed, distinguished, exported, discussed, and ignored, but never expressly overruled.2 Its sentiments have also been revived in the late twentieth century, most notably in New Zealand by Lord Cooke of Thorndon, as a Court of Appeal judge and later President of the Court. The question of whether courts would ever use the power that Chief Justice Coke asserted in 1610, and Lord Cooke hinted at in 1984, remains of interest, involving the fundamental constitutional
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