Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-25T09:40:38.376Z Has data issue: false hasContentIssue false

9 - The Supremacy of Ordinary Law

Published online by Cambridge University Press:  14 January 2021

Mark D. Walters
Affiliation:
Queen's University, Ontario
Get access

Summary

In Law of the Constitution, A. V. Dicey identified two legal principles as the animating principles of the British constitution: parliamentary sovereignty and the rule of law. The juxtaposition of these two principles exposed central themes at the heart of the ideal of constitutionalism and constitutional government within the common law tradition. Early in his book, Dicey stated that parliamentary sovereignty is ‘the dominant characteristic of our political institutions’.1 Yet it would be clear by the end of the book that Dicey saw the two principles as equal in their importance – that supreme legislative power is valued insofar as the supremacy of law is valued. ‘Th[e] rule of law’, Dicey concluded, ‘is of the very essence of English institutions’, and ‘[i]f the sovereignty of Parliament gives the form, the supremacy of the law of the land determines the substance of our constitution’.2

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The Supremacy of Ordinary Law
  • Mark D. Walters, Queen's University, Ontario
  • Book: A.V. Dicey and the Common Law Constitutional Tradition
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781139236249.011
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Supremacy of Ordinary Law
  • Mark D. Walters, Queen's University, Ontario
  • Book: A.V. Dicey and the Common Law Constitutional Tradition
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781139236249.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Supremacy of Ordinary Law
  • Mark D. Walters, Queen's University, Ontario
  • Book: A.V. Dicey and the Common Law Constitutional Tradition
  • Online publication: 14 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781139236249.011
Available formats
×