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
8 - The Law of Parliamentary Sovereignty
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
Law is the command of a sovereign who occupies the privileged position of one who is beyond command and above law – or so at least Jeremy Bentham and John Austin thought. A. V. Dicey thought differently. The idea of parliamentary sovereignty that Dicey placed at the centre of the British constitution is one that is enveloped within rather than set apart from the domain of law. There is a law of parliamentary sovereignty, and that law is the ordinary law of England.
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- A.V. Dicey and the Common Law Constitutional TraditionA Legal Turn of Mind, pp. 162 - 225Publisher: Cambridge University PressPrint publication year: 2020