{"title":"不断变化的宪法观念。","authors":"Alex Schwartz","doi":"10.1093/ojls/gqac001","DOIUrl":null,"url":null,"abstract":"<p><p>There have been several important formal changes to the United Kingdom's constitution over the past few decades, including devolution to Northern Ireland, Scotland, and Wales; the incorporation of the European Convention on Human Rights in domestic law; and the creation of a new Supreme Court. This article is about the informal semantic changes that may have accompanied these formal changes. It focuses on several central concepts: parliamentary sovereignty, the rule of law, the separation of powers, devolution, and human rights. Using a recently developed machine learning method to analyse a massive corpus of parliamentary debate, the article gauges the extent to which these concepts have become more (or less) related to the meaning of the UK's constitution in parliamentary discourse. Ultimately, the analysis supports some important theoretical expectations about the changing nature of the constitution, including the claim that parliamentary sovereignty is now a less significant concept for the meaning of the constitution than it once was.</p>","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":"42 3","pages":"758-786"},"PeriodicalIF":1.4000,"publicationDate":"2022-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9645002/pdf/","citationCount":"2","resultStr":"{\"title\":\"The Changing Concepts of the Constitution.\",\"authors\":\"Alex Schwartz\",\"doi\":\"10.1093/ojls/gqac001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>There have been several important formal changes to the United Kingdom's constitution over the past few decades, including devolution to Northern Ireland, Scotland, and Wales; the incorporation of the European Convention on Human Rights in domestic law; and the creation of a new Supreme Court. This article is about the informal semantic changes that may have accompanied these formal changes. It focuses on several central concepts: parliamentary sovereignty, the rule of law, the separation of powers, devolution, and human rights. Using a recently developed machine learning method to analyse a massive corpus of parliamentary debate, the article gauges the extent to which these concepts have become more (or less) related to the meaning of the UK's constitution in parliamentary discourse. Ultimately, the analysis supports some important theoretical expectations about the changing nature of the constitution, including the claim that parliamentary sovereignty is now a less significant concept for the meaning of the constitution than it once was.</p>\",\"PeriodicalId\":47225,\"journal\":{\"name\":\"Oxford Journal of Legal Studies\",\"volume\":\"42 3\",\"pages\":\"758-786\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2022-01-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9645002/pdf/\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/ojls/gqac001\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2022/1/1 0:00:00\",\"PubModel\":\"eCollection\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ojls/gqac001","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2022/1/1 0:00:00","PubModel":"eCollection","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
There have been several important formal changes to the United Kingdom's constitution over the past few decades, including devolution to Northern Ireland, Scotland, and Wales; the incorporation of the European Convention on Human Rights in domestic law; and the creation of a new Supreme Court. This article is about the informal semantic changes that may have accompanied these formal changes. It focuses on several central concepts: parliamentary sovereignty, the rule of law, the separation of powers, devolution, and human rights. Using a recently developed machine learning method to analyse a massive corpus of parliamentary debate, the article gauges the extent to which these concepts have become more (or less) related to the meaning of the UK's constitution in parliamentary discourse. Ultimately, the analysis supports some important theoretical expectations about the changing nature of the constitution, including the claim that parliamentary sovereignty is now a less significant concept for the meaning of the constitution than it once was.
期刊介绍:
The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance.