A.V. Dicey and the Common Law Constitutional Tradition

A.V. Dicey and the Common Law Constitutional Tradition PDF

Author: Mark D. Walters

Publisher: Cambridge University Press

Published: 2020-11-12

Total Pages: 479

ISBN-13: 1108916023

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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.

A.V. Dicey and the Common Law Constitutional Tradition

A.V. Dicey and the Common Law Constitutional Tradition PDF

Author: Mark D. Walters

Publisher: Cambridge University Press

Published: 2022-08-11

Total Pages: 0

ISBN-13: 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.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution PDF

Author: A.V. Dicey

Publisher: Springer

Published: 1985-09-30

Total Pages: 729

ISBN-13: 134917968X

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A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Comparative Law

Comparative Law PDF

Author: Mathias Siems

Publisher: Law in Context

Published: 2018-04-12

Total Pages: 531

ISBN-13: 1107182417

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The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

The Cambridge Rawls Lexicon

The Cambridge Rawls Lexicon PDF

Author: Jon Mandle

Publisher: Cambridge University Press

Published: 2014-12-11

Total Pages: 1112

ISBN-13: 1316193985

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John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.

The Cambridge Companion to Public Law

The Cambridge Companion to Public Law PDF

Author: Mark Elliott

Publisher: Cambridge University Press

Published: 2015-08-21

Total Pages: 295

ISBN-13: 1107029759

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A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

The Dubious Morality of Modern Administrative Law

The Dubious Morality of Modern Administrative Law PDF

Author: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Publisher: Rowman & Littlefield

Published: 2020-03-15

Total Pages: 237

ISBN-13: 1538141507

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Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

Expounding the Constitution

Expounding the Constitution PDF

Author: Grant Huscroft

Publisher: Cambridge University Press

Published: 2008-04-21

Total Pages: 332

ISBN-13: 9780521887410

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What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.

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