‘Should contemporary national constitutions or legislative arrangements continue to recognise the power of a designated “sovereign” to disallow legislation, in light of its origin in colonial law, and historical and contemporary impact?’ The Power of Disallowing legislation (PoD) has its initial origins in Roman law but was recrafted and popularised by British colonialism from the 16th century, for governance and the administration of justice in the Empire to protect British interests. PoD has remained an important feature of Commonwealth constitutions and even beyond. This research is an investigation of the past, present and future of PoD in an age of decolonisation, liberal democracy, participatory governance and human rights. The research examines how the PoD has shaped the construction of law, contemporary law making and administration of justice in six countries/territories: Australia, Canada, Gibraltar, Hong Kong, Nigeria and the US.
Chair: Professor Catharine MacMillan, IALS Senior Associate Research Fellows. Professor of Private Law, KCL
Tags: IALS Fellow's Seminar
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