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Law, Liberty, and Justice - The Legal Foundations of British Constitutionalism (Paperback, 1st Paperback Ed)
Loot Price: R2,339
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Law, Liberty, and Justice - The Legal Foundations of British Constitutionalism (Paperback, 1st Paperback Ed)
Series: Clarendon Paperbacks
Expected to ship within 12 - 17 working days
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The book makes a fresh appraisal of the main principles of
constitutional law, seeking to stimulate renewed debate about the
fundamentals of British constitutionalism. Rejecting a purely
fromal concept of the rule of law, Allan argues that public law
should more fully and openly reflect the principles of liberty and
justice which constitute the underlying point and substance of the
rule of law. The connection between law and justice is ultimately
secured by the primary role of the individual conscience in making
judgements about what the law requires. And just as no court is
ever an infallible arbiter of legal obligation - the individual may
sometimes have to stand by his own conscientious reading of the law
- Parliament cannot be accorded unqualified authority to change the
law. The sovreignty of Parliament is necessarily limited by
residual principles of leberal constitutionalism; any other view
would contradict the rule of law. Standard comparisons between
written and unwritten constitutions, and traditional accounts of
the separarion of powers, ovscure more than they reveal. The
interpretation and application of statutes must always be a matter
of judicial deliberation and judgement, just as the application of
government policies and administrative orders is ultimately subject
to the requirements of justice in particular cases.
General
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