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

Description: A.V. Dicey and the Common Law Constitutional Tradition by Mark D. Walters 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. FORMAT Paperback CONDITION Brand New Publisher Description 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. Author Biography Mark Walters is Dean and Professor of Law at Queens University, Ontario. He is recognized as one of Canadas leading scholars in public and constitutional law, legal history and legal theory. He has taught law at the University of Oxford, and he was the F.R. Scott Professor of Public and 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. Table of Contents 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. Diceys legal constitution; 8. The law of parliamentary sovereignty; 9. The supremacy of ordinary law; 10. Sovereignty and the spirit of legality; 11. Diceys administrative law blind spot; 12. Towards a discursive legalism; 13 The constitution in the common law tradition; Appendix; Bibliography; Index. Review 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, Diceys 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 CambridgeThe book is of immense importance for anyone with an interest in the Common Law or jurisprudence, especially within a United Kingdom context. Javier García Oliva, Law and Justice Promotional Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey. Review Quote 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, Diceys 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 CambridgeCambridge Promotional "Headline" Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey. Details ISBN1009241532 Author Mark D. Walters Pages 478 Publisher Cambridge University Press Year 2022 ISBN-10 1009241532 ISBN-13 9781009241533 Publication Date 2022-08-11 UK Release Date 2022-08-11 Format Paperback Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Illustrations Worked examples or Exercises; 2 Halftones, black and white AU Release Date 2022-08-11 NZ Release Date 2022-08-11 Series Cambridge Studies in Constitutional Law Subtitle A Legal Turn of Mind Alternative 9781107028470 DEWEY 340.092 Audience General We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:136404546;

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