Law, Liberty, and Justice: The Legal Foundations of British ConstitutionalismIn a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action. |
Contents
British Constitutionalism | 1 |
Law Liberty and the Separation of Powers | 48 |
Legislation and the Common | 91 |
Copyright | |
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accepted according action administrative law application Attorney-General British circumstances citizen civil common law conception constitutional context convention Court of Appeal criminal decision defence denied depends determine Dicey Dicey's disclosure discretion distinction doctrine duty Dworkin enacted enforcement equality European executive exercise expression freedom of speech function fundamental grounds Home Secretary House of Lords Ibid individual rights interpretation judge judgment judicial review jurisdiction justice and fairness justified law rights Law's Empire legal rights Legislation and Liberty legislative supremacy legitimate expectation liberty limits London Lord Bridge Lord Denning Lord Diplock Lord Scarman Lord Wilberforce matter minister natural justice offence ordinary Parliament parliamentary sovereignty particular person political morality practice private law procedure protection public authority public interest public law purpose question reason reflect rejected relevant respect Ronald Dworkin rule of law scope sense separation of powers statute statutory theory trial United Kingdom