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The English Historical Constitution
Continuity, Change and European Effects

  • Date Published: October 2007
  • availability: In stock
  • format: Paperback
  • isbn: 9780521702362

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  • The fundamental legal and institutional changes of recent decades have brought the English constitution into question. Accompanying issues have been the extent to which its traditional character and main features have been changed, lost their former appeal and retained their distinctness in the European Union. These issues are not readily addressed in everyday thinking about a constitution simply conceived as unwritten or in constitutional accounts variously preoccupied with abstract analysis, political accountability or transcendent norms. The English Historical Constitution addresses these issues by developing a historical constitutional approach and thus elaborating on continuity and change in the constitution's main doctrines and institutions. From an English legal perspective, it offers a complement or corrective to analytical, political and normative approaches by reforming an old conception of the historical constitution and of its history, partly obscured and long neglected through the modern analytical preoccupation with its law as an abstract scheme of rules, principles and practices.

    • Revives the conception of the historical constitution, thus providing an alternative to the undeveloped notion of an unwritten constitution and avoiding the dichotomy of legal and political constitutions
    • Examines the current period and crucial previous periods in the constitution's formation, thus providing a historical perspective on the current far-reaching programme of constitutional modernisation
    • Assesses the peculiarity of the English constitution and the extent of European influence, thus providing a conception of the English constitution that is reoriented to the legal and political reality of its context
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    Reviews & endorsements

    '… a deeply impressive piece of legal scholarship. The depth of research is striking when dealing with topics more usually found in legal history books and the strength of analysis on topics of constitutional theory is both extraordinarily lucid and consistent.' The Law Quarterly Review

    'John Allison's new book is a welcome attempt to place - or rather to replace - a sense of history at the heart of English constitutional law scholarship. … Allison's analysis of the Crown is fascinating … In his nuanced and elegant treatment of the separation of powers … he traces many of the similarities and differences between the English and French understandings … Allison is (to my mind refreshingly) impatient with both the leading schools of thought on the sovereignty of Parliament … In a brilliant passage, Allison shows just how empty vague reliance on 'constitutional principle' can be. … He has valiantly demonstrated the need for constitutional lawyers to embrace as part of their scholarship a sense of history …' Modern Law Review

    'Regardless of whether one approves of, or is troubled by, the [recent constitutional] reforms, there is much in this book by way of intellectual nourishment for all students of constitutional law and history.' Commonwealth Lawyer

    'From Coke, through Dicey, to the Human Rights Act 1998, Allison beautifully describes the modes of gradual change of the English historical constitution.' American Journal of Legal History

    'The English Historical Constitution is an important work which deserves careful study by constitutional lawyers. … [It is] a book that is worth reading many times.' Public Law

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    Product details

    • Date Published: October 2007
    • format: Paperback
    • isbn: 9780521702362
    • length: 288 pages
    • dimensions: 229 x 152 x 18 mm
    • weight: 0.472kg
    • availability: In stock
  • Table of Contents

    1. Introduction
    2. A historical constitutional approach
    3. The crown: evolution through institutional change and conservation
    4. The separation of powers as a customary practice
    5. Parliamentary sovereignty and the European Community: the economy of the common law
    6. The brief rule of a controlling common law
    7. Dicey's progressive and reactionary rule of law
    8. Beyond Dicey
    9. Conclusion and implications.

  • Author

    J. W. F. Allison, University of Cambridge
    John Allison is a Senior Lecturer at the Faculty of Law, University of Cambridge.

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