Book contents
- A.V. Dicey and the Common Law Constitutional Tradition
- Cambridge Studies in Constitutional Law
- A.V. Dicey and the Common Law Constitutional Tradition
- Copyright page
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Frontispiece
- 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 Dicey’s Legal Constitution
- 8 The Law of Parliamentary Sovereignty
- 9 The Supremacy of Ordinary Law
- 10 Sovereignty and the Spirit of Legality
- 11 Dicey’s Administrative Law Blind Spot
- 12 Towards a Discursive Legalism
- 13 The Constitution in the Common Law Tradition
- Appendix Was Dicey Diceyan?
- Bibliography
- Index
13 - The Constitution in the Common Law Tradition
Published online by Cambridge University Press: 14 January 2021
- A.V. Dicey and the Common Law Constitutional Tradition
- Cambridge Studies in Constitutional Law
- A.V. Dicey and the Common Law Constitutional Tradition
- Copyright page
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Frontispiece
- 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 Dicey’s Legal Constitution
- 8 The Law of Parliamentary Sovereignty
- 9 The Supremacy of Ordinary Law
- 10 Sovereignty and the Spirit of Legality
- 11 Dicey’s Administrative Law Blind Spot
- 12 Towards a Discursive Legalism
- 13 The Constitution in the Common Law Tradition
- Appendix Was Dicey Diceyan?
- Bibliography
- Index
Summary
Judges began citing A. V. Dicey’s Law of the Constitution during his lifetime,1 and judges throughout the common law world continue to cite Dicey’s book today.2 Law of the Constitution has been described as ‘one of the great law books of all time’.3 Even those critical of Dicey do not deny the powerful impact of his book. As Felix Frankfurter wrote, ‘Few law books in modern times have had an influence comparable to that produced by the brilliant obfuscation of Dicey’s The Law of the Constitution’.4 Leaving his claim about obfuscation aside, Frankfurter’s statement is as true today as it was when he made it over eighty years ago.
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- Information
- A.V. Dicey and the Common Law Constitutional TraditionA Legal Turn of Mind, pp. 358 - 377Publisher: Cambridge University PressPrint publication year: 2020