Jump to ContentJump to Main Navigation
The Sovereignty of LawFreedom, Constitution and Common Law$
Users without a subscription are not able to see the full content.

T.R.S. Allan

Print publication date: 2013

Print ISBN-13: 9780199685066

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199685066.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 14 July 2020

Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Sovereignty of Law
Author(s):

T. R. S. Allan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199685066.003.0009

British constitutional law is marked by theoretical controversy, giving rise to competing interpretations of doctrine and principle. Legal constitutionalists are opposed by political constitutionalists; divergent conceptions of the rule of law are rooted in contrasting philosophies of democracy and freedom. The doctrine of separation of powers is differently understood, according to one's theoretical viewpoint; and questions about the proper nature and scope of judicial review evoke debate and controversy. Public law cannot be insulated from these larger theoretical debates: it is always a product of normative judgement, involving the interpretation of legal practice. No account of constitutional law can stand on neutral ground: there is no escape from the moral evaluation central to legal analysis. Law cannot be reduced either to influential judicial opinions or empirical fact. A brief summary of the content of each chapter of the book is presented.

Keywords:   constitutional law, theoretical controversy, public law, interpretation, legal practice

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .