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Constitutional Justice T. R. S. Allan (Reader in Legal and Constitutional Theory, Reader in Legal and Constitutional Theory, University of Cambridge)

Constitutional Justice By T. R. S. Allan (Reader in Legal and Constitutional Theory, Reader in Legal and Constitutional Theory, University of Cambridge)

Summary

This work offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state.

Constitutional Justice Summary

Constitutional Justice: A Liberal Theory of the Rule of Law by T. R. S. Allan (Reader in Legal and Constitutional Theory, Reader in Legal and Constitutional Theory, University of Cambridge)

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.

Constitutional Justice Reviews

The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism ... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably. * Law and Politics Book Review *

About T. R. S. Allan (Reader in Legal and Constitutional Theory, Reader in Legal and Constitutional Theory, University of Cambridge)

T. R. S. Allan is Reader in Constitutional Law and Theory at the University of Cambridge.

Table of Contents

Preface ; 1. Introduction ; 2. First Principles: The Rule of Law and Separation of Powers ; 3. Legal Obligation and the Concept of Law ; 4. Dissent and Disobedience ; 5. Equal Justice and Due Process of Law ; 6. Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review ; 7. The Rule of Law and Parliamentary Sovereignty ; 8. Fundamental Common Law Rights and Equality ; 9. Public Reason and Political Conflict ; Bibliography ; Table of Cases ; Index of names ; General Index

Additional information

GOR013824771
9780199267880
019926788X
Constitutional Justice: A Liberal Theory of the Rule of Law by T. R. S. Allan (Reader in Legal and Constitutional Theory, Reader in Legal and Constitutional Theory, University of Cambridge)
Used - Like New
Paperback
Oxford University Press
2003-09-04
342
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
The book has been read, but looks new. The book cover has no visible wear, and the dust jacket is included if applicable. No missing or damaged pages, no tears, possible very minimal creasing, no underlining or highlighting of text, and no writing in the margins

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