A.V. Dicey and the Common Law Constitutional Tradition

Rezensionen / Stimmen

'In this highly engaging and elegantly written book, Mark Walters skilfully combines biography, history, constitutional law, jurisprudence and moral theory to give us a compelling account of Dicey and his thinking. He presents a major challenge to the orthodox picture of Dicey as a legal positivist writing in the shadow of John Austin. We find in these pages a more complex and sophisticated thinker, developing an understanding of law as a discourse of reason, closer to the work of his friends Henry Sidgwick and T. H. Green. Anyone interested in the nature of common law constitutionalism, as a distinctive account of the legal order, will be gripped by this very fine book. It enables us to see why, despite the frequently dismissive criticism, Dicey's work has rightly remained so interesting and influential. We can grasp the profound implications for human freedom of constitutional law being, in its common law conception, 'ordinary' law.' T. R. S. Allan, Professor of Jurisprudence and Public Law, University of Cambridge 'The book is of immense importance for anyone with an interest in the Common Law or jurisprudence, especially within a United Kingdom context.' Javier Garcia Oliva, Law and Justice
 
'In this highly engaging and elegantly written book, Mark Walters skilfully combines biography, history, constitutional law, jurisprudence and moral theory to give us a compelling account of Dicey and his thinking. He presents a major challenge to the orthodox picture of Dicey as a legal positivist writing in the shadow of John Austin. We find in these pages a more complex and sophisticated thinker, developing an understanding of law as a discourse of reason, closer to the work of his friends Henry Sidgwick and T. H. Green. Anyone interested in the nature of common law constitutionalism, as a distinctive account of the legal order, will be gripped by this very fine book. It enables us to see why, despite the frequently dismissive criticism, Dicey's work has rightly remained so interesting and influential. We can grasp the profound implications for human freedom of constitutional law being, in its common law conception, 'ordinary' law.' T. R. S. Allan, Professor of Jurisprudence and Public Law, University of Cambridge
'The book is of immense importance for anyone with an interest in the Common Law or jurisprudence, especially within a United Kingdom context.' Javier Garcia Oliva, Law and Justice