Constitutional Justice A Liberal Theory of

This volume examines the concept of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedom of speech, civil disobediance, procedural fairness, and administrative justice.

Trevor Allan is Reader in Legal and Constitutional Theory at the University of Cambridge and a Fellow of Pembroke College, Cambridge. He is the Author of `Law, Liberty, and Justice' (OUP 1993).

Chapter 1: Introduction

1

(30)

1. The rule of law as a 'rule of reason'

2

(11)

2. British constitutionalism. Dicey s 'rule of law'

13

(8)

3. Equal citizenship and 'constitutional' democracy

21

(10)

Chapter 2: First Principles: the Rule of Law and Separation of Powers

31

(30)

1. The rule of law and equal justice

32

(10)

2. Legislative authorization of executive power: common law rights and public purposes

42

(10)

3. Procedural legality: Fuller's 'internal morality of law'

52

(9)

Chapter 3: Legal Obligation and the Concept of Law

61

(28)

1. A liberal interpretation of the 'internal morality' of law

61

(6)

2. The obligation to obey the law: legal and moral

67

(5)

3. A moral and constitutional conception of law

72

(5)

4. The intrinsic moral value of fair procedures

77

(12)

Chapter 4: Dissent and Disobedience

89

(32)

1. The rule of law and freedom of speech: the 'right of civil disobedience'

89

(6)

2. Civil disobedience and fidelity to law'

95

(11)

3. Advocacy and incitement: the 'clear and present danger' test

106

(6)

4. The 'right of silence' as a right of protest

112

(9)

Chapter 5: Equal Justice and Due Process of Law

121

(40)

1. Introduction

121

(4)

2. Administrative justice and constitutional principle

125

(8)

3. Judicial functions and executive agencies: the sphere of the 'quasi judicial'

133

(15)

4. Legislative classifications and the definition of 'act of attainder'

148

(13)

Chapter 6: Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review

161

(40)

1. Political questions and the limits of justiciability

161

(18)

2. Constitutional convention and political principle

179

(8)

3. Adversarial adjudication and the merits of judicial restraint'

187

(14)

Chapter 7: The Rule of Law and Parliamentary Sovereignty

201

(42)

1. Introduction

201

(6)

2. Judicial review of administrative action: constitutional foundations

207

(9)

3. The moral foundations of Harts 'rule of recognition'

216

(9)

4. Evolution of the 'rule of recognition': human rights and European law

225

(6)

5. The constitutional limits of parliamentary sovereignty

231

(12)

Chapter 8: Fundamental Common Law Rights and Equality

243

(40)

1. Equality and the separation of judicial power

244

(6)

2. Procedural and 'substantive' due process: ex post facto laws and unjust legislation

250

(9)

3. Implied rights, popular sovereignty, and judicial review

259

(12)

4. The right to a fair trial in criminal proceedings

271

(12)

Chapter 9: Public Reason and Political Conflict

283

(34)

1. Moral pluralism and common law reason

283

(12)

2. Enforcing conventional morality: democracy and liberalism

295

(9)

3. Public purposes and private conscience

304

(13)

Bibliography

317

(6)

Table of Cases

323

(4)

Index of Names

327

(2)

General Index

329

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Constitutional Justice A Liberal Theory of the Rule of Law

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Constitutional Justice A Liberal Theory of the Rule of Law

Summary

Author Biography

Table of Contents

Supplemental Materials

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