Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism
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Author Description
In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.
Menrva's Summary
THE THESIS
This work investigates the core tensions between parliamentary sovereignty and the rule of law within the British constitutional framework. T. R. S. Allan, a prominent legal scholar, utilizes a rigorous analytical approach to challenge established orthodoxies regarding the separation of powers. By examining the interplay between common law rights and administrative action, the author argues for a more nuanced understanding of constitutional legitimacy that prioritizes judicial oversight over absolute legislative authority.
THE SCOPE MAP
What You Will Find
- A critical re-evaluation of the doctrine of unlimited parliamentary sovereignty.
- An analysis of the distinction between legal rules and constitutional conventions.
- Examination of the role and purpose of judicial review in administrative law.
- Theoretical exploration of common law rights as a check on government power.
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners frequently cite this text as a significant contribution to the debate on British constitutionalism. Experts highlight the density of the prose and the author's sophisticated engagement with foundational legal theory.
Page Count:
320
Publication Date:
1993-10-28
Publisher:
Oxford University Press
ISBN-10:
0198252536
ISBN-13:
9780198252535
History
Philosophy
Law
Rule Of Law
Constitutional Law
