An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
Trevor Allan has taught public law and legal philosophy at the University of Cambridge since 1985. He is a leading proponent of the approach to public law known as common law constitutionalism, which identifies the foundations of the British and other Commonwealth constitutions with fundamental principles of legality and freedom, underpinning and informing the common law. He is a persistent and incisive critic of approaches to public law rooted in legal positivism, which locate constitutional foundations in the conventions observed (or opinions held) by senior officials. He is the author of Law, Liberty, and Justice (1993) and Constitutional Justice (2001).
Inhaltsangabe
Introduction 1: Constitution and Constitutionalism 2: Constitutional Convention: Practice and Principle 3: The Rule of Law: Freedom, Law and Justice 4: Parliamentary Sovereignty: Authority and Autonomy 5: Legislative Supremacy and the Rule of Law 6: Constitutional Foundations of Judicial Review 7: Judicial Review and Judicial Restraint 8: Democracy, Fundamental Rights and Common Law Appendix: Public Law and Political Theory
Introduction 1: Constitution and Constitutionalism 2: Constitutional Convention: Practice and Principle 3: The Rule of Law: Freedom, Law and Justice 4: Parliamentary Sovereignty: Authority and Autonomy 5: Legislative Supremacy and the Rule of Law 6: Constitutional Foundations of Judicial Review 7: Judicial Review and Judicial Restraint 8: Democracy, Fundamental Rights and Common Law Appendix: Public Law and Political Theory
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