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Twenty-First Century Perspectives on the Scholarship of A.V. Dicey: The Enduring Legacy of a Victorian Constitutionalist

Twenty-First Century Perspectives on the Scholarship of A.V. Dicey: The Enduring Legacy of a Victorian Constitutionalist

Author: Catherine Marshall; Celine Roynier
Publisher: Hart Publishing
ISBN: 9781509975075

Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509975068

List Price: AU$260.00

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This book reassesses A.V. Dicey's legacy in political and legal thought through the reflections of leading scholars who consider his importance not only in today's British constitutional and legal culture but also in other foreign constitutional cultures.

Every student in law and in politics, every law faculty and most legal practitioners s in the world are aware of who Albert Venn Dicey (1835-1922) was and what he wrote. Yet, this fame does not mean that Dicey's legacy is not controversial and debated in the present world. This book considers why Dicey's late Victorian constitutional and political thinking is still alive. In spite of all the transformations that have taken place in public law in the UK in the last hundred years, the book argues that Dicey managed to grasp and to crystalise something of the British political identity and culture. Hence the long-lasting fire-power of his constitutional and political thinking.

The book also considers that there is something even more prescient in Dicey's writings, for the UK but also for countries that have adopted his understanding of the rule of law and/or of parliamentary government. Dicey identified one of the most fundamental political issues at stake: the nature of the relationship between public law and democracy. The book looks closely at the alliance between public law and democratic spirit. This alliance needs to be reassessed from a legal, historical and comparative perspective. This edited collection, gathering authors from different countries, from various legal systems and from diverse backgrounds, tackles this task.

Introduction, Catherine Marshall (CY Cergy Paris Université, France) and Céline Roynier (CY Cergy Paris Université, France)

Part 1: Dicey: Follower or Legal “Disrupter”?

1. Dicey and Bentham, Michael Lobban (University of Oxford, UK)

2. Austinian Qualms. Dicey on Sovereignty, Gregory Bligh (Sciences Po Lyon, France)

3. Dicey and Bagehot: What is Left of the Nineteenth-Century Constitution in Twenty-First Century Britain? Adam Tomkins (University of Glasgow, UK)

4. AV Dicey's Letters to a Friend on Votes for Women, Françoise Orazi (Université Lyon II, France)

5. AV Dicey on English Imperialism, Alex Middleton (University of Oxford, UK)

Part 2: Dicey Put to the Test

6. What is Left of Dicey's Constitution? Vernon Bogdanor (King's College, London, UK)

7. Dicey in Miller 1 and Miller 2 Judgments, Aurélien Antoine (Université Jean Monnet Saint-Etienne, France)

8. The Structure of the Constitution, Timothy Endicott (University of Oxford, UK)

9. What Dicey Forgot, Nick Barber (University of Oxford, UK)

Part 3: Dicey Beyond Borders

10. Dicey's Theory of the British Constitution in the Light of the Home Rule Question, Thibault Guilluy (Université de Lorraine, France)

11. Dicey in America: The Rule of (Administrative) Law, a Century Later, Michael S. Greve (George Mason University, USA)

12. Resolving Dicey's Contradictions? Rights, Freedoms and Parliamentary Sovereignty in Canada, Nicholas Dickinson (University of Oxford, UK)

13. Dicey in Hong Kong, Richard Cullen (Monash University, Australia)

Part 4: Dicey Vs. Dicey

14. Between Traces and Aura, Dicey's Many Lives in Contemporary Public Law Scholarship, Marie Padilla (Université de Bordeaux, France)

15. Dicey and the History of Liberalism, Alan S Kahan (Université Paris-Saclay, France)

16. Dicey's Influence on British Administrative Law, Nicolas Gabayet (Université Jean Monnet Saint-Etienne, France)

17. No, Really, Dicey was not Diceyan, Iain McLean (University of Oxford, UK) and Scot Peterson (University of Oxford, UK)

Conclusion

18. The High Priest of Orthodox Constitutional Theory: AV Dicey Revisited, Mark D Walters (Queen's University, Canada)

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