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A starting point for the study of the English Constitution and
comparative constitutional law, The Law of the Constitution
elucidates the guiding principles of the modern constitution of
England: the legislative sovereignty of Parliament, the rule of
law, and the binding force of unwritten conventions.
This volume brings together a series of lectures A. V. Dicey first
gave at Harvard Law School on the influence of public opinion in
England during the nineteenth century and its impact on
legislation. It is an accessible attempt by an Edwardian liberal to
make sense of recent British history. In our time, it helps define
what it means to be an individualist or liberal. Dicey's lectures
were a reflection of the anxieties felt by turn-of-the-century
Benthamite Liberals in the face of Socialist and New Liberal
challenges.
A. V. Dicey (1835-1922) was an English jurist, Vinerian Professor
of English Law at Oxford University, and author of, among other
works, "The Law of the Constitution."
Richard VandeWetering is Associate Professor of Political Science
at the University of Western Ontario.
A year after the publication of Dicey's "Law of the Constitution,"
William Gladstone was reading it aloud in the House of Commons,
citing it as authority. It remains, to this day, a starting point
for the study of the English Constitution and comparative
constitutional law. "Law of the Constitution" elucidates the
guiding principles of the modern constitution of England: the
legislative sovereignty of Parliament, the rule of law, and the
binding force of unwritten conventions. Dicey's goal was "to
provide students with a manual which may impress these leading
principles on their minds, and thus may enable them to study with
benefit in Blackstone's "Commentaries" and other treatises of the
like nature those legal topics which, taken together, make up the
constitutional law of England." Albert Venn Dicey (1835-1922) was
Vinerian Professor of English Law at Oxford University from 1882 to
1909.
The Law of the Constitution has been the main doctrinal influence
upon English constitutional thought since the late-nineteenth
century. It acquired and long retained extraordinary legal
authority, despite fierce criticism and many changes in law and
government. By many, it was treated as a canonical text embodying
axiomatic principles, or it was simply understood as indeed the law
of the constitution; and even by its critics, it was still granted
the status of orthodoxy. Basic constitutional principles became
commonly conceived in Diceyan terms: parliamentary sovereignty was
pure and absolute in being without legal limit; and Dicey's rule of
law precluded recognition of an English administrative law and thus
retarded its development for decades. Reaffirmed in each new
edition of Dicey's canonical text, the constitution itself seemed
static. This volume provides sources with which to reassess the
extraordinary authority and lasting influence of Dicey's canonical
text. This volume consists of Dicey's rare first edition in its
original lecture form and of the main addenda in later editions. It
facilitates a historical understanding of Dicey's original text in
its context and of later changes when they were made. In
introducing the first volume, John Allison reassesses The Law of
the Constitution's authority and the kinds of response it has
elicited in view of its original educative form and educational
context.
The Oxford Edition of Dicey provides sources with which to reassess
the extraordinary authority and lasting influence of Dicey's
canonical text. Volume Two, Comparative Constitutionalism, provides
a complement to Dicey's The Law of the Constitution. These largely
unpublished comparative constitutional lectures were written for
different versions of a comparative constitutional book that Dicey
began but did not finish prior to his death in 1922. The lectures
were a pioneering venture into comparative constitutionalism and
reveal an approach to legal education broader than Dicey is widely
understood to have taken. In Part I, The Comparative Study of the
Constitution, topics discussed include constitutionalism in the
English Commonwealth, and French, American, and Prussian
constitutionalism. Part II, The Comparative Study of Constitutions,
includes lectures on representative government, the separation of
powers, and basic divisions between kinds of constitution. The
volume begins with an editorial introduction examining the
implications of these comparative lectures and Dicey's early foray
into comparative constitutionalism for his general constitutional
thought, and the kinds of response it has elicited.
The Law of the Constitution has been the main doctrinal influence
upon English constitutional thought since the late-nineteenth
century. It acquired and long retained extraordinary legal
authority, despite fierce criticism and many changes in law and
government. By many, it was treated as a canonical text embodying
axiomatic principles, or it was simply understood as indeed the law
of the constitution; and even by its critics, it was still granted
the status of orthodoxy. Basic constitutional principles became
commonly conceived in Diceyan terms: parliamentary sovereignty was
pure and absolute in being without legal limit; and Dicey's rule of
law precluded recognition of an English administrative law and thus
retarded its development for decades. Reaffirmed in each new
edition of Dicey's canonical text, the constitution itself seemed
static. The Oxford Edition of Dicey provides sources with which to
reassess the extraordinary authority and lasting influence of
Dicey's canonical text. This volume consists of Dicey's rare first
edition in its original lecture form and of the main addenda in
later editions. It facilitates a historical understanding of
Dicey's original text in its context and of later changes when they
were made. In introducing the first volume, John Allison reassesses
The Law of the Constitution's authority and the kinds of response
it has elicited in view of its original educative form and
educational context.
Originally published in 1897, this is the fifth edition of
'Introduction to the study of the Law of the Constitution' It deals
only with two or three guiding principles which pervade the modern
constitution of England. The object is to provide students with a
manual which may impress these leading principles on there minds,
and thus may enable them to study with benefit in Blackstone's
Commentaries and other treatises of the like nature those legal
topics which, taken together, make up the constitutional law of
England........ Many of the earliest books, particularly those
dating back to the 1900's and before, are now extremely scarce and
increasingly expensive. We are republishing these classic works in
affordable, high quality, modern editions, using the original text
and artwork.
As Americans we know much about our own constitution. Dicey now
gives the reader a chance to learn more about the British
constitution. Albert Dicey was a British jurist and constitutional
theorist. DIcey was a graduate of Balliol College, Oxford and later
became Vinerian Professor of English Law at Oxford and a leading
constitutional scholar of his day. An Introduction to the Study of
the Law of the Constitution was written in 1885. The principles it
expounds are considered part of the uncodified British
constitution. Dicey believed that freedom was under attack by
modern incursions against the Rule of Law. Dicey writes that the
freedom British subjects enjoy depends on the supremacy of Common
Law, the sovereignty of Parliament, and the courts remaining
impartial without governmental interference.
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