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A.V. Dicey and the Common Law Constitutional Tradition - A Legal Turn of Mind (Paperback)
Loot Price: R912
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A.V. Dicey and the Common Law Constitutional Tradition - A Legal Turn of Mind (Paperback)
Series: Cambridge Studies in Constitutional Law
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In the common law world, Albert Venn Dicey (1835-1922) is known as
the high priest of orthodox constitutional theory, as an
ideological and nationalistic positivist. In his analytical
coldness, his celebration of sovereign power, and his incessant
drive to organize and codify legal rules separate from moral values
or political realities, Dicey is an uncanny figure. This book
challenges this received view of Dicey. Through a re-examination of
his life and his 1885 book Law of the Constitution, the high priest
Dicey is defrocked and a more human Dicey steps forward to offer
alternative ways of reading his canonical text, who struggled to
appreciate law as a form of reasoned discourse that integrates
values of legality and authority through methods of ordinary legal
interpretation. The result is a unique common law constitutional
discourse through which assertions of sovereign power are
conditioned by moral aspirations associated with the rule of law.
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