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Should Nation‐building be Federalized? Should Nation‐building be Federalized? Reconsidering the Role of Federalism in Normative Political Theory

Wayne Norman

in Negotiating Nationalism: Nation-Building, Federalism, and Secession in the Multinational State

Published in print:
2006
Published Online:
September 2006
ISBN:
9780198293354
eISBN:
9780191604126
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293356.003.0003
Subject:
Political Science, Political Theory

It is not possible for every community that considers itself to be a nation to have a state of its own. This is not even the preferred option for most national minorities themselves. Rather, most ... More


The United Kingdom as a Union State

Iain Mclean and Alistair McMillan

in State of the Union

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199258208
eISBN:
9780191603334
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199258201.003.0001
Subject:
Political Science, UK Politics

The UK is not a unitary state because it depends on two constitutional contracts — the Acts of Union of 1707 and 1800. Therefore, UK Unionism is not like, for instance, French Jacobinism. The 1707 ... More


THE HIGH NOON OF UNIONISM: 1886–1921

Iain Mclean and Alistair McMillan

in State of the Union

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199258208
eISBN:
9780191603334
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199258201.003.0005
Subject:
Political Science, UK Politics

This chapter examines the unravelling of the Union between 1886 and 1921. It discusses the continuing link between Union and Empire, the incoherence of Diceyan Unionism, centre-periphery politics, ... More


What's Wrong with the British Constitution?

Iain McLean

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.001.0001
Subject:
Political Science, Comparative Politics, UK Politics

In this provocative new study, Iain McLean argues that the traditional story of the British constitution does not make sense. It purports to be both positive and normative: that is, to describe both ... More


Introduction

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0001
Subject:
Political Science, Comparative Politics, UK Politics

The context of the problem. Doctrine of parliamentary sovereignty defined by A. V. Dicey. But Dicey did not believe in it when he really disapproved of something Parliament had done. The Scottish ... More


The English Public Lawyers' Constitution

Iain McLean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0002
Subject:
Political Science, Comparative Politics, UK Politics

Sir Alan Lascelles states the constitution (except the bits we are not allowed to know about) in an anonymous letter ‘The doctrine of parliamentary supremacy since Blackstone’. Bagehot; Dicey; Low; ... More


The Curious Incident of the Guns in the Night Time

Iain Mclean and Tom Lubbock

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0006
Subject:
Political Science, Comparative Politics, UK Politics

The Government of Ireland Bill and the Ulster Protestant revolt 1912–14. Bonar Law, Dicey, the Unionist Party, and illegal activity. Curragh ‘mutiny’ 1914. Larne gunrunning 1914.


The Contradictions of Professor Dicey

Iain Mclean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0007
Subject:
Political Science, Comparative Politics, UK Politics

Dicey's abandonment of parliamentary sovereignty and the rule of law. His partial rediscovery of them 1920.


We the People

Iain Mclean

in What's Wrong with the British Constitution?

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199546954
eISBN:
9780191720031
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546954.003.0015
Subject:
Political Science, Comparative Politics, UK Politics

Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty—but that must entail an elected Parliament. The case for counter‐majoritarianism. ... More


Conclusion

Raymond Cocks

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0019
Subject:
Law, Legal History

This chapter begins with a discussion of the expansion of social legislation in Britain, focusing on the works of Albert Venn Dicey, which have framed the debate about reforming statutes in the sense ... More


: The Analysis of British Political Institutions

Geoffrey Marshall

in The British Study of Politics in the Twentieth Century

Published in print:
2003
Published Online:
January 2012
ISBN:
9780197262948
eISBN:
9780191734762
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197262948.003.0009
Subject:
Political Science, UK Politics

The analysis of British political institutions in the twentieth century has not emerged solely from the writing of textbooks by political scientists. The genesis of general thinking about the ... More


Public Law and Democracy in the United Kingdom and the United States of America

P. P. Craig

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198256373
eISBN:
9780191681646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256373.001.0001
Subject:
Law, Constitutional and Administrative Law

This book has two themes. The ‘minor’ theme is that the content and direction of both constitutional and administrative law are integrally related. The ‘major’ theme is that their nature and content ... More


The General and the Particular: Parliament and the Courts under the Scheme of the European Convention on Human Rights

Philip Sales

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0012
Subject:
Law, Legal History

This chapter examines the relationship between the two pillars of the constitution as identified by Dicey in An Introduction to the Study of the Law of the Constitution, and later assessed by Lord ... More


The Canonical Sextet

Anthony King

in The British Constitution

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199576982
eISBN:
9780191702235
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576982.003.0002
Subject:
Political Science, UK Politics

This chapter provides information on several classical writers who dealt with the meaning of the constitution of Britain including Walter Bagehot, A. V. Dicey, Sidney Low, L. S. Amery, Harold Laski, ... More


Geoffrey Marshall 1929–2003

Vernon Bogdanor and Robert S. Summers

in Proceedings of the British Academy Volume 130, Biographical Memoirs of Fellows, IV

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263501
eISBN:
9780191734212
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263501.003.0006
Subject:
History, Historiography

Geoffrey Marshall (1929–2003), a Fellow of the British Academy, was regarded by many as the greatest constitutional theorist Britain has seen since Albert Venn Dicey. He brought to the study of ... More


Re-inventing the Union: Dicey, Devolution, and the Union

James Mitchell

in Anglo-Scottish Relations, from 1900 to Devolution and Beyond

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263310
eISBN:
9780191734144
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263310.003.0003
Subject:
History, British and Irish Modern History

This chapter addresses the fictions and reshaping of the United Kingdom constitution over the twentieth century. It also examines the territorial nature of the UK, making use of the most significant ... More


Judicial Ambivalence to Public Fiduciary Duties

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter VI seeks to explain why Canadian courts have recognised so few public fiduciary duties outside of the Crown-Native context, and why the connection has yet to be drawn between public law ... More


Parliamentary Sovereignty in the Empire and Commonwealth: Dicey’s Dominions and Dogmas

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter sets out the orthodox view of parliamentary sovereignty associated principally with A. V. Dicey: that parliament – and therefore the Imperial Parliament – can make any law whatsoever, ... More


Human Rights, Fundamental Freedoms, and the World of the Common Law

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0001
Subject:
Law, Human Rights and Immigration, EU Law

This chapter emphasizes the need for a special explanation as to why Britain, whose legal culture was traditionally hostile to the adoption of formal bills of rights, came to play a major role in the ... More


Accountability in the Contemporary Constitution

Nicholas Bamforth and Peter Leyland (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.001.0001
Subject:
Law, Constitutional and Administrative Law

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many ... More


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