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The English Historical Constitution J. W. F. Allison (University of Cambridge)

The English Historical Constitution By J. W. F. Allison (University of Cambridge)

The English Historical Constitution by J. W. F. Allison (University of Cambridge)


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Summary

In response to the simplistic everyday conception of the unwritten constitution and to the limitations of current analytical, political and normative legal approaches, The English Historical Constitution advocates an historical constitutional approach to assessing the recent constitutional reforms and the impact of European Community law's development upon English constitutional law.

The English Historical Constitution Summary

The English Historical Constitution: Continuity, Change and European Effects by J. W. F. Allison (University of Cambridge)

The fundamental legal and institutional changes of recent decades have brought the English constitution into question. Accompanying issues have been the extent to which its traditional character and main features have been changed, lost their former appeal and retained their distinctness in the European Union. These issues are not readily addressed in everyday thinking about a constitution simply conceived as unwritten or in constitutional accounts variously preoccupied with abstract analysis, political accountability or transcendent norms. The English Historical Constitution addresses these issues by developing a historical constitutional approach and thus elaborating on continuity and change in the constitution's main doctrines and institutions. From an English legal perspective, it offers a complement or corrective to analytical, political and normative approaches by reforming an old conception of the historical constitution and of its history, partly obscured and long neglected through the modern analytical preoccupation with its law as an abstract scheme of rules, principles and practices.

The English Historical Constitution Reviews

'... a deeply impressive piece of legal scholarship. The depth of research is striking when dealing with topics more usually found in legal history books and the strength of analysis on topics of constitutional theory is both extraordinarily lucid and consistent.' The Law Quarterly Review
'John Allison's new book is a welcome attempt to place - or rather to replace - a sense of history at the heart of English constitutional law scholarship. ... Allison's analysis of the Crown is fascinating ... In his nuanced and elegant treatment of the separation of powers ... he traces many of the similarities and differences between the English and French understandings ... Allison is (to my mind refreshingly) impatient with both the leading schools of thought on the sovereignty of Parliament ... In a brilliant passage, Allison shows just how empty vague reliance on 'constitutional principle' can be. ... He has valiantly demonstrated the need for constitutional lawyers to embrace as part of their scholarship a sense of history ...' Modern Law Review
'Regardless of whether one approves of, or is troubled by, the [recent constitutional] reforms, there is much in this book by way of intellectual nourishment for all students of constitutional law and history.' Commonwealth Lawyer
'From Coke, through Dicey, to the Human Rights Act 1998, Allison beautifully describes the modes of gradual change of the English historical constitution.' American Journal of Legal History
'The English Historical Constitution is an important work which deserves careful study by constitutional lawyers. ... [It is] a book that is worth reading many times.' Public Law

About J. W. F. Allison (University of Cambridge)

John Allison is a Senior Lecturer at the Faculty of Law, University of Cambridge.

Table of Contents

1. Introduction; 2. A historical constitutional approach; 3. The crown: evolution through institutional change and conservation; 4. The separation of powers as a customary practice; 5. Parliamentary sovereignty and the European Community: the economy of the common law; 6. The brief rule of a controlling common law; 7. Dicey's progressive and reactionary rule of law; 8. Beyond Dicey; 9. Conclusion and implications.

Additional information

NLS9780521702362
9780521702362
0521702364
The English Historical Constitution: Continuity, Change and European Effects by J. W. F. Allison (University of Cambridge)
New
Paperback
Cambridge University Press
2007-10-11
288
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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