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9 - The Supremacy of Ordinary Law

Published online by Cambridge University Press:  14 January 2021

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

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Publisher: Cambridge University Press
Print publication year: 2020

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  • 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
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  • 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
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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
×