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A.V. Dicey and the Common Law Constitutional Tradition by Walters: New

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Item specifics

Condition
Very Good: A book that has been read but is in excellent condition. No obvious damage to the cover, ...
Pages
350
Publication Date
2020-11-12
Subject Area
Constitutional Law
Educational Level
Adult & Further Education
Subject
Law
ISBN
9781107028470

About this product

Product Identifiers

Publisher
Cambridge University Press
ISBN-10
1107028477
ISBN-13
9781107028470
eBay Product ID (ePID)
7050097996

Product Key Features

Number of Pages
350 Pages
Language
English
Publication Name
A.V. Dicey and the Common Law Constitutional Tradition : a Legal Turn of Mind
Publication Year
2020
Subject
Constitutional, General
Features
New Edition
Type
Textbook
Author
Mark D. Walters
Subject Area
Law
Series
Cambridge Studies in Constitutional Law Ser.
Format
Hardcover

Dimensions

Item Height
1.4 in
Item Weight
45.9 Oz
Item Length
9.4 in
Item Width
6.3 in

Additional Product Features

Intended Audience
Scholarly & Professional
LCCN
2020-007769
Reviews
'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
Dewey Edition
23
Illustrated
Yes
Dewey Decimal
340.092 B
Edition Description
New Edition
Table Of Content
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.
Synopsis
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., This book will appeal to lawyers, legal historians, politicians, historians of legal thought, legal philosophers, but also anyone curious about intellectual biography and the life and times of a leading Victorian legal and political writer, Albert Venn Dicey.
LC Classification Number
KD631.D5W35 2020

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