Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-05-01T07:23:50.403Z Has data issue: false hasContentIssue false

8 - Beyond Dicey

Published online by Cambridge University Press:  18 December 2009

J. W. F. Allison
Affiliation:
University of Cambridge
Get access

Summary

Dicey's historical and comparative analytical account of the rule of law, described in Chapter Seven, was central to English constitutional doctrine for much of the twentieth century. Whether as a starting point for reform or point of reference for reaction, it remained central to the constitution's further evolution even for those to whom it had lost much of its appeal. What had evolved from Coke's controlling common law, described in Chapter Six, and what had been made an accessible and appealing object of constitutional analysis was Dicey's rule of law beneath the sway of a sovereign Parliament. It was taken for granted during a period of considerable ‘constitutional quiescence’ between the liberal legal reforms of the first part of the twentieth century and the renewed focus upon constitutional law reform in recent decades. Its appeal began to wane with that of the whig comparative history from which its historical and comparative references derived their force. On the one hand, whig assumptions of historical progress were undermined, in law, by the administrative legal problems that accompanied a developing and increasingly complex administration and, in general, by the decline of Empire, belated recognition of its fundamental failures, the devastations of two world wars and, beginning in the 1960s and increasing in the 1970s, a sense that Britain was failing economically to keep up with her Continental and other competitors.

Type
Chapter
Information
The English Historical Constitution
Continuity, Change and European Effects
, pp. 186 - 236
Publisher: Cambridge University Press
Print publication year: 2007

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 coreplatform@cambridge.org 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.

  • Beyond Dicey
  • J. W. F. Allison, University of Cambridge
  • Book: The English Historical Constitution
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619373.009
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.

  • Beyond Dicey
  • J. W. F. Allison, University of Cambridge
  • Book: The English Historical Constitution
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619373.009
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.

  • Beyond Dicey
  • J. W. F. Allison, University of Cambridge
  • Book: The English Historical Constitution
  • Online publication: 18 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619373.009
Available formats
×