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A.V. Dicey and the Common Law Constitutional Tradition: A Legal Turn of Mind

A.V. Dicey and the Common Law Constitutional Tradition: A Legal Turn of Mind

A.V. Dicey and the Common Law Constitutional Tradition: A Legal Turn of Mind

Author: Mark D. Walters
Publisher: Cambridge University Press
ISBN: 9781107028470

Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781009241533

List Price: AU$283.40

AU$274.90 Save AU$8.50 (3%)

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Description
Contents

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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.

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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