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This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
As Also Of Bibliographical Works On Bibles And Especially On Those
In The Above Collection.
This scarce antiquarian book is a facsimile reprint of the
original. Due to its age, it may contain imperfections such as
marks, notations, marginalia and flawed pages. Because we believe
this work is culturally important, we have made it available as
part of our commitment for protecting, preserving, and promoting
the world's literature in affordable, high quality, modern editions
that are true to the original work.
As Also Of Bibliographical Works On Bibles And Especially On Those
In The Above Collection.
In The Sovereignty of Law, Trevor Allan presents an accessible
introduction to his influential common law constitutional theory -
an account of the unwritten constitution as a complex articulation
of legal and moral principles. The British constitution is
conceived as a coherent set of fundamental principles of the rule
of law, legislative supremacy, and separation of powers. These
principles combine to provide an overarching unity of legality,
legitimacy, and democracy, reconciling political authority with
individual freedom. Drawing on the work of Lon Fuller and Ronald
Dworkin, Allan emphasizes the normative character of legal
interpretation - understanding the implications of statute and
precedent by reference to moral ideals of legality and liberty.
Allan denies that constitutional law can be reduced to empirical
facts about legislative or judicial conduct or opinion. There is no
'rule of recognition' from the lawyer's interpretative viewpoint -
only a moral theory of the nature and limits of political
authority, which lawyers must construct in order to make sense of
legal and constitutional practice. A genuine republicanism,
protecting individual independence, requires the safeguards
afforded by judicial review, which must ensure that governmental
action is consistent with the rule of law; and the rule of law
encompasses not merely the formal equality of all before the law,
as enacted or declared, but a more fundamental idea of equal
citizenship. Allan's interpretative approach is applied to a wide
range of contemporary issues of public law; his response to critics
and commentators seeks to deepen the argument by exploring the
theoretical grounds of these current debates and controversies.
In Constitutional Justice, the concept of the rule of law is
explained and defended as an ideal of constitutionalism, and the
general principles of public law are set in the broader perspective
of legal and political philosophy. Although primarily an essay in
constitutional theory, its practical implications are fully
explained by reference to case-law examples. Drawing on the
experience of a number of common law countries-especially Britain,
the United States, and Australia-Allan seeks to identify the common
elements of a shared constitutional framework that provides the
foundations, in each case, of a liberal democratic legal order.
These common foundations include certain constraints on the
exercise of state power, challenging the widespread view that the
rule of law should be conceived as a purely procedural ideal. The
book explains the essential connections between a range of matters
critical to the relationship between citizen and state, including
freedoms of speech and conscience, civil disobedience, procedural
fairness, administrative justice, the right of silence, and equal
protection or equality before the law. The limits of parliamentary
sovereignty are shown to derive from its status as a common law
doctrine, when the common law is interpreted as a deliberative
process of moral argument and justification. Legislative supremacy
is qualified by a counter-balancing judicial sovereignty, ensuring
the protection of fundamental common law rights of procedural
fairness and equality.
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