Constitutional Justice: A Liberal Theory of the Rule of LawOxford University Press, 2003 - 331 pages "The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET. |
Contents
First Principles the Rule of Law and Separation of Powers | 31 |
1 The rule of law and equal justice | 32 |
common law rights and public purposes | 42 |
Fullers internal morality of law | 52 |
Legal Obligation and the Concept of Law | 61 |
legal and moral | 67 |
3 A moral and constitutional conception of law | 72 |
4 The intrinsic moral value of fair procedures | 77 |
The Rule of Law and Parliamentary Sovereignty | 201 |
constitutional foundations | 207 |
3 The moral foundations of Harts rule of recognition | 216 |
human rights and European law | 225 |
5 The constitutional limits of parliamentary sovereignty | 231 |
Fundamental Common Law Rights and Equality | 243 |
1 Equality and the separation of judicial power | 244 |
ex post facto laws and unjust legislation | 250 |
Dissent and Disobedience | 89 |
2 Civil disobedience and fidelity to law | 95 |
the clear and present danger test | 106 |
4 The right of silence as a right of protest | 112 |
Equal Justice and Due Process of Law | 121 |
2 Administrative justice and constitutional principle | 125 |
the sphere of the quasijudicial | 133 |
4 Legislative classifications and the definition of act of attainder | 148 |
Justiciability and Jurisdiction Political Questions and the Scope of Judicial Review | 161 |
2 Constitutional convention and political principle | 179 |
3 Adversarial adjudication and the merits of judicial restraint | 187 |
3 Implied rights popular sovereignty and judicial review | 259 |
4 The right to a fair trial in criminal proceedings | 271 |
Public Reason and Political Conflict | 283 |
democracy and liberalism | 295 |
3 Public purposes and private conscience | 304 |
| 317 | |
Table of Cases | 323 |
| 327 | |
| 329 | |
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Common terms and phrases
A. V. Dicey accept according action acts of attainder adjudication administrative analysis application appropriate arbitrary argument authority basic basis citizen claim common law conception of law conduct conscience consistent constitutional constraints context convention conviction court criminal decision demands democracy depends discretion disobedience distinction doctrine due process Dworkin enacted enforcement entails executive exercise formal freedom Fuller fundamental Goldsworthy governmental grounds H. L. A. Hart Home Secretary Ibid ideal implicit imposed individual integrity interpretation invoke judges judgment judicial power judicial review jurisdiction justice justified legal positivism legislative legislature legitimacy legitimate liberty limits ment moral natural justice nature obligation offenders officials ordinary Parliament parliamentary sovereignty particular persons political principle of equality properly protection public interest punishment purpose question reasons reflect relevant requirements responsibility restrictions Ronald Dworkin rule of law scope separation of powers specific speech statute statutory substantive theory tion tive trial validity values