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.
| ISBN: | 9781107028470 |
| Publication date: | 12th November 2020 |
| Author: | Mark D Walters |
| Publisher: | Cambridge University Press |
| Format: | Hardback |
| Pagination: | 480 pages |
| Series: | Cambridge Studies in Constitutional Law |
| Genres: |
Constitutional and administrative law: general |
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.
A. V. Dicey and the Common Law Constitutional Tradition features in the following genres: Constitutional and administrative law: general
A. V. Dicey and the Common Law Constitutional Tradition is available in Hardback
A. V. Dicey and the Common Law Constitutional Tradition was written by Mark D Walters and published by Cambridge University Press
A. V. Dicey and the Common Law Constitutional Tradition has 480 pages
Yes it is part of Cambridge Studies in Constitutional Law series
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