Administrative / Constitutional Law

Comparative Constitutionalism A.V. Dicey

By J.W.F. Allison
Oxford University Press October 2013

Specifications

ISBN-13
9780199685813
Publisher
Oxford University Press
Publication
October 2013
Format
Hardback , 400 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Comprises the full text of Dicey's previously unpublished lectures in comparative constitutionalism
  • Includes an introduction by Dr Allison setting the lectures in their historical context and showing the implications of Dicey's comparative work for constitutionalism

The Oxford Edition of Dicey provides sources with which to reassess the extraordinary authority and lasting influence of Dicey's canonical text. Volume Two, Comparative Constitutionalism, provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. In Part I, The Comparative Study of the Constitution, topics discussed include constitutionalism in the English Commonwealth, and French, American, and Prussian constitutionalism. Part II, The Comparative Study of Constitutions, includes lectures on representative government, the separation of powers, and basic divisions between kinds of constitution. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited.

Readership: Students and scholars of public law, constitutional thought, comparative politics and comparative law, comparative constitutionalism, and legal history

Table of Contents

Editor's Introduction
Part I: The Comparative Study of the Constitution
Introduction
1: General Characteristics of Existing English Constitutionalism (May 1897)
2: Constitutionalism of the Commonwealth (June 1897)
3: English Constitutionalism under George III (undated)
4: American Constitutionalism (May 1897)
5: French Constitutionalism (May 1897) (with Appendix, Droit Administratif and Constitution of Year VIII, Art. 75)
6: Prussian Constitutionalism (May 1897)
7: Party Government (July 1898)
8: Parliamentarism (August 1898)
9: General Conclusions (May 1897)
Part II: The Comparative Study of Constitutions
Introduction
1: Historical and Non-Historical Constitutions
2: Ancient Constitutionalism and Modern Constitutionalism
3: Representative Government
4: The Separation of Powers
5: Divisions of Constitutions
6: The Judiciary in Relation to the Executive and Legislative Powers
7: Local Government and Centralization
8: Federal Government
9: Federal Government (continued): The Australian Commonwealth
Appendices
I: Memorandum on English Party System of Government
II: Lecture 4: Comparison of English Executive with other Executives or Parliamentary and Non-Parliamentary Executives
III: Note 2: Self Government and Note 3: Self Government and Local Self Government
IV: Modes of Changing or Amending a Constitution
V: Authorities and Questions for The Comparative Study of Constitutions 
VI: Note 17: Conclusions as to Droit Administratif 
VII: Why Universal Suffrage Suits France
VIII: Scheme of Lectures, 1906
IX: Scheme of Lectures, 1908

About the Author

A.V. Dicey, former Vinerian Professor of English Law, University of Oxford (1882-1909)

Edited by J.W.F. Allison, Senior Lecturer in the Faculty of Law, University of Cambridge, and Fellow of Queens' College, Cambridge

Albert Venn Dicey (1835-1922) was Vinerian Professor of English Law at the University of Oxford and the pre-eminent constitutional lawyer of the nineteenth century. His Introduction to the Study of the Law of the Constitution ran to eight editions in his lifetime and remains one of the canonical texts in the history of English constitutional law.

John Allison is Senior Lecturer in the Faculty of Law, University of Cambridge, and a Fellow of Queens' College, Cambridge. He previously taught at the Universities of Chicago, London, and Cape Town and is the author of two books, A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law (OUP 1996) and The English Historical Constitution: Continuity, Change and European Effects (CUP 2007).

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