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Law, Liberty, and Justice$
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T. R. S. Allan

Print publication date: 1994

Print ISBN-13: 9780198259916

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198259916.001.0001

British Constitutionalism

Chapter:
(p.1) 1 British Constitutionalism
Source:
Law, Liberty, and Justice
Author(s):

T. R. S. Allan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259916.003.0001

Dicey's dogmatic distinction between law and convention, for all its continuing influence on public lawyers, is only another manifestation of the positivist outlook responsible for the rule of parliamentary omnipotence. This book attempts to defend a different Dicey — the constitutional theorist struggling to escape the shackles of the Hobbesian authoritarianism he learned from Lord Atkin. It holds that Dicey's doctrine of law seems a better starting point than parliamentary sovereignty for the analysis in this book. It seeks to understand constitutional doctrine as a reflection of the underlying political ideal of the rule of law. In trying to explain the meaning of the rule of law as a constitutional principle, and explore its implications for British public law, this book mixes public law and legal and political theory.

Keywords:   Dicey, William Blackstone, common law constitution, F. A. Hayek, Ronald Dworkin, legal positivism

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