A.V. Dicey and the Common Law Constitutional Tradition
A Legal Turn of Mind
£27.99
Part of Cambridge Studies in Constitutional Law
- Author: Mark D. Walters, Queen's University, Ontario
- Date Published: August 2022
- availability: Available
- format: Paperback
- isbn: 9781009241533
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In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
Read more- Explores how a leading constitutional scholar, A.V. Dicey, struggled to reconcile two constitutional principles: legislative sovereignty and the rule of law
- Explores constitutional values through an examination of their historical development in legal literature
- Explores the difference between the constitution as extraordinary law and the constitution as ordinary law
Reviews & endorsements
'In this highly engaging and elegantly written book, Mark Walters skilfully combines biography, history, constitutional law, jurisprudence and moral theory to give us a compelling account of Dicey and his thinking. He presents a major challenge to the orthodox picture of Dicey as a legal positivist writing in the shadow of John Austin. We find in these pages a more complex and sophisticated thinker, developing an understanding of law as a discourse of reason, closer to the work of his friends Henry Sidgwick and T. H. Green. Anyone interested in the nature of common law constitutionalism, as a distinctive account of the legal order, will be gripped by this very fine book. It enables us to see why, despite the frequently dismissive criticism, Dicey's work has rightly remained so interesting and influential. We can grasp the profound implications for human freedom of constitutional law being, in its common law conception, 'ordinary' law.' T. R. S. Allan, Professor of Jurisprudence and Public Law, University of Cambridge
See more reviews'The book is of immense importance for anyone with an interest in the Common Law or jurisprudence, especially within a United Kingdom context.' Javier García Oliva, Law and Justice
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×Product details
- Date Published: August 2022
- format: Paperback
- isbn: 9781009241533
- length: 478 pages
- dimensions: 230 x 150 x 25 mm
- weight: 0.69kg
- contains: 2 b/w illus.
- availability: Available
Table of Contents
1. Introduction
2. The biggest legal mind we have
3. Young Dicey in Oxford
4. Dicey the common lawyer
5. Dicey and the art and science of law
6. Lectures introductory to the law of the constitution
7. Dicey's legal constitution
8. The law of parliamentary sovereignty
9. The supremacy of ordinary law
10. Sovereignty and the spirit of legality
11. Dicey's administrative law blind spot
12. Towards a discursive legalism
13 The constitution in the common law tradition
Appendix
Bibliography
Index.
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