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Constitutional and Administrative Law - Compare and contrast Lord Denning's judgment in the Court of Appeal in IRC v. Rossminster [1980] with Lord Wilberforce's subsequent judgment in the House of Lords in the same case.
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Victoria Maschio Constitutional and Administrative Law Coursework 2 Compare and contrast Lord Denning's judgment in the Court of Appeal in IRC v. Rossminster [1980] with Lord Wilberforce's subsequent judgment in the House of Lords in the same case. Which opinion is the more reconcilable with orthodox Diceyan notions of the sovereignty of Parliament and the Rule of Law? Parliamentary sovereignty and the Rule of Law are two basic underlying principles of the British constitution. In order to accurately discuss the judgments in Rossminster I think it is important to first define and set out these two principles. Parliamentary sovereignty as defined by Dicey comprises both a positive and a negative limb. The former states that parliament can, in effect, do anything it pleases: it can make and unmake any laws whatsoever, subject to the manner and form in which the pieces of legislation have to be passed (i.e. majority in both Houses of...
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