A.v. Dicey and the Common Law Constitutional Tradition a Legal Turn of Mind

In the world of common law, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, an ideological and nationalist positivist. In his analytical coldness, his celebration of sovereign power, and his relentless desire to organize and codify legal rules separately from moral values or political realities, Dicey is a strange figure. This book challenges this preserved vision of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, high priest Dicey is disempowered and a more humanE Dicey presents himself to offer alternative ways to read his canonical text, which has struggled to appreciate the law as a form of reasonable discourse that integrates the values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse, in which the assertion of sovereign power is conditioned by moral aspirations linked to the rule of law. `); doc.close(); } } this.iframeload = function () { var iframe = document.getElementById(iframeId); iframe.style.display = “; setTimeout(function () { setIframeHeight(initialResizeCallback); }, 20); } function getDocHeight(doc) { var contentDiv = doc.getElementById(« iframeContent »); var docHeight = 0; if(contentDiv){ docHeight = Math.max( contentDiv.scrollHeight, contentDiv.offsetHeight, contentDiv.clientHeight ); } return docHeight; } function setIframeHeight(resizeCallback) { var iframeDoc, iframe = document.getElementById(iframeId); iframeDoc = ((iframe.contentWindow && iframe.contentWindow.document) || iframe.contentDocument); if (iframeDoc) { var h = getDocHeight(iframeDoc); if (h && h != 0) { iframe.style.height = parseInt(h) + `px`; if(typeof resizeCallback == « function ») { resizeCallback(iframeId); } } else if (nTries Mark Walters ist Dekan und Professor für Recht an der Queen’s University, Ontario. He is considered one of Canada`s foremost scholars in the fields of public and constitutional law, the history of law and legal theory. He taught law at Oxford University and was the F.R. Scott Professor of Constitutional Law at McGill University, Canada. He has held a Sir Neil MacCormick Fellowship at the University of Edinburgh, a Herbert Smith Visitorship At the University of Cambridge and the H.L.A. Hart Fellowship at the University of Oxford. In this highly engaging and elegantly written book, Mark Walters skillfully combines biography, history, constitutional law, jurisprudence, and moral theory to give us a compelling account of Dicey and his thought. This poses a great challenge to Dicey`s orthodox image as a legal positivist, writing in the shadow of John Austin.

These pages contain a more complex and demanding thinker who develops 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 representation of the legal system will be seized by this beautiful book. This allows us to understand why Dicey`s work has rightly remained so interesting and influential despite the often dismissive criticisms. We can grasp the profound implications of constitutional law for human freedom, which, in its conception of the common law, are the “ordinary” law. Customer reviews, including reviews of product stars, help customers learn more about the product and decide if it`s the right product for them. To calculate the overall star rating and percentage distribution by star, we do not use a simple average. Instead, our system takes into account, for example, the current rating and whether the reviewer purchased the item on Amazon.

It also analyzed the reviews to verify reliability. ÐÐμÑ ÑлÐμкÑÑÐ3/4Ð1/2Ð1/2Ð3/4й вðμññð ̧ð ̧ ̧ ̧ ̧ Describes hardcover. Condition: NEW. Clean and crispy and new!. The seller inventory number 3527823517 full-text views reflects the number of PDF downloads, PDF files sent to Google Drive, Dropbox, and Kindle, and full-text html views for chapters in this book. {{shippingLabel}} {{#showShipPrice}} {{bestListingForDislay.shippingToDestinationPriceInPurchaseCurrencyWithCurrencySymbol}} {{#showSurferCurrency}} ({{bestListingForDislay.shippingToDestinationPriceInSurferCurrencyWithCurrencySymbol}}) {{/showSurferCurrency}} {{/showShipPrice}} {{#showFreeShipping}} {{freeshipping}} {{/showFreeShipping}} {{shippingText}} Description of the Hardcover book. Condition: Nine. 350 pages.

In stock. Seller stock # __1107028477. The views of the book summary reflect the number of visits to the landing pages of the book and chapter. Description of the book Condition: Nine. PRINT ON DEMAND BOOK; New; Fast shipping from the UK. No. Book. Seller Inventory # ria9781107028470_lsuk Learn more about this | Seller Contact this seller. “The book is of immense importance to anyone interested in common law or case law, particularly in the context of the United Kingdom.”