Book contents
- A.V. Dicey and the Common Law Constitutional Tradition
- Cambridge Studies in Constitutional Law
- A.V. Dicey and the Common Law Constitutional Tradition
- Copyright page
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Frontispiece
- 1 Introduction
- 2 The Biggest Legal Mind We Have
- 3 Young Dicey in Oxford
- 4 Dicey the Common Lawyer
- 5 Dicey and the Art and Science of Law
- 6 Lectures Introductory to the Law of the Constitution
- 7 Dicey’s Legal Constitution
- 8 The Law of Parliamentary Sovereignty
- 9 The Supremacy of Ordinary Law
- 10 Sovereignty and the Spirit of Legality
- 11 Dicey’s Administrative Law Blind Spot
- 12 Towards a Discursive Legalism
- 13 The Constitution in the Common Law Tradition
- Appendix Was Dicey Diceyan?
- Bibliography
- Index
12 - Towards a Discursive Legalism
Published online by Cambridge University Press: 14 January 2021
- A.V. Dicey and the Common Law Constitutional Tradition
- Cambridge Studies in Constitutional Law
- A.V. Dicey and the Common Law Constitutional Tradition
- Copyright page
- Contents
- Preface
- Acknowledgements
- Abbreviations
- Frontispiece
- 1 Introduction
- 2 The Biggest Legal Mind We Have
- 3 Young Dicey in Oxford
- 4 Dicey the Common Lawyer
- 5 Dicey and the Art and Science of Law
- 6 Lectures Introductory to the Law of the Constitution
- 7 Dicey’s Legal Constitution
- 8 The Law of Parliamentary Sovereignty
- 9 The Supremacy of Ordinary Law
- 10 Sovereignty and the Spirit of Legality
- 11 Dicey’s Administrative Law Blind Spot
- 12 Towards a Discursive Legalism
- 13 The Constitution in the Common Law Tradition
- Appendix Was Dicey Diceyan?
- Bibliography
- Index
Summary
Writing to Oliver Wendell Holmes Jr, in 1880, A. V. Dicey commented on the differences between legal, historical and philosophical perspectives on law, and then stated: ‘I should also like sometime or other to write an article on what may be termed the difference between the new & the old school of legal literature but I have gone far too near pouring out an article on your head & ought to stop’.1 If only Dicey had kept going. What were the differences between the new and old schools of legal literature? What was the role of the legal writer? What was the relationship between different styles of legal literature and different schools of legal theory? These were perennial questions for Dicey.
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- A.V. Dicey and the Common Law Constitutional TraditionA Legal Turn of Mind, pp. 330 - 357Publisher: Cambridge University PressPrint publication year: 2020