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13 - The Constitution in the Common Law Tradition

Published online by Cambridge University Press:  14 January 2021

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

Judges began citing A. V. Dicey’s Law of the Constitution during his lifetime,1 and judges throughout the common law world continue to cite Dicey’s book today.2 Law of the Constitution has been described as ‘one of the great law books of all time’.3 Even those critical of Dicey do not deny the powerful impact of his book. As Felix Frankfurter wrote, ‘Few law books in modern times have had an influence comparable to that produced by the brilliant obfuscation of Dicey’s The Law of the Constitution’.4 Leaving his claim about obfuscation aside, Frankfurter’s statement is as true today as it was when he made it over eighty years ago.

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Publisher: Cambridge University Press
Print publication year: 2020

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