A Liberal Theory of the Rule of Law
By (author) T. R. S. Allan
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Constitutional Justice by T. R. S. Allan
Book DescriptionIn 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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Book DetailsISBN: 9780198298304
(242mm x 163mm x 24mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 24-May-2001
Country of Publication: United Kingdom
Books By Author T. R. S. Allan
Sovereignty of Law, Paperback (June 2015)
An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
Constitutional Justice, Paperback (September 2003)
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.
Law, Liberty and Justice, Paperback (December 1994)» View all books by T. R. S. Allan
This appraisal of the fundamental doctrines of British constitutional law examines the nature of the rule of law and the separation of powers. It refutes the traditional doctrine of unlimited parliamentary sovereignty, challenging the orthodox distinction between law and convention.
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Author Biography - T. R. S. Allan
T. R. S. Allan is Reader in Legal and Constitutional Theory at the University of Cambridge and a Fellow of Pembroke College, Cambridge. He is the Author of Law, Liberty, and Justice (OUP 1994).
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