Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism

Paperback | March 1, 1994

byT. R. S. Allan

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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 theprinciples 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 aninfallible 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 leberalconstitutionalism; 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 ofjudicial deliberation and judgement, just as the application of government policies and administrative orders is ultimately subject to the requirements of justice in particular cases.

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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 theprinciples of liberty and justice which consti...

T. R. S. Allan is at Pembroke College, Cambridge.

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Format:PaperbackDimensions:316 pages, 9.21 × 6.14 × 0.75 inPublished:March 1, 1994Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198259913

ISBN - 13:9780198259916

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`This monograph may hold few surprises for those scholars who are familiar with TRS Allan's thoughts on constitutional theory, as expounded in a series of substantial articles over the last ten years. However, they will want to read the book for the pleasure and the convenience of findingthese thoughts collected in a systematic and extended form ... Views ... are elegantly and uncompromisingly advanced in this book. The author must be a stimulating teacher. There is much to admire, too, for those who enjoy discussing the intricacies of judicial justifications ... The author'sjurisprudence is sophisticated and dexterous.'Legal Studies