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"This book is the first collection of its kind exploring common law constitutional rights. It offers a detailed and comparative analysis of the content and role of individual common law constitutional rights in judicial decision-making; and a series of essays offering a range of perspectives on the constitutional significance and rights implications of this development. There is a developing body of legal reasoning in the United Kingdom Supreme Court that has championed common law constitutional rights. Indeed various members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. This shift in legal reasoning has created a sense amongst both scholars and the judiciary that something significant is happening here, and was recently described by Lady Hale as 'UK constitutionalism on the march'. This collection brings together leading constitutional scholars to analyse this significant development for the first time"--

In The Oxford Introductions to U.S. Law: Constitutional Law, Professors Michael C. Dorf and Trevor W. Morrison discuss the relationships between the branches of federal government, between the federal and state governments, and between the government and the individual. They describe American constitutional law as a mechanism for allocating decision-making authority - that is, for deciding who decides. They also discuss the extent to which judges and Justices may substitute their own constitutional judgment for that of elected officials.

Intro -- Contents -- Table of Cases -- Table of Legislation -- Introduction -- I. The Constitutional Context -- II. The Leading Two Theories on Public Power and an Alternative Reading of the Constitution -- III. The Nuanced Constitution -- IV. Common Law Constitutional Rights -- V. The Questions this Book Sets Out to Answer -- VI. The Structure, Style and Chapters of this Book -- PART I: A THIRD ALTERNATIVE - THE NUANCED CONSTITUTION -- 1. An Introduction to the Nuanced Constitution -- I. The Two Competing Forms of Constitutionalism -- II. Not One or the Other, but Both: Thesis and Methodology -- III. Why the UK Constitution is not Political in Nature -- IV. Why is the Nuanced Constitution not the Common Law Constitution? -- V. Taking Stock -- VI. How Did We Get Here? -- VII. A Closer Look at the Constitution and Common Law Constitutional Rights -- 2. A Closer Look at the Nuanced Constitution Through Four Case Studies -- I. R (Privacy International) v IPT -- II. R (Miller) v Prime Minister -- III. The Common Law Constitutionalist Side of the Spectrum: Themes, Characteristics and Vulnerabilities -- IV. R (Begum) v Special Immigration Appeals Commission -- V. R (O (A Child)) v Secretary of State for the Home Department -- VI. Rights, Reasoning and Precedent on the Political Constitutionalist Side of the Spectrum -- PART II: COMMON LAW CONSTITUTIONAL RIGHTS -- 3. A Short History of Common Law Constitutional Rights -- I. Three Famous Antecedents: A Tale of Precedents, Mythmaking and Common Law Legacy -- II. The First Modern Phase of Common Law Constitutional Rights Jurisprudence -- III. Phase Two: In the Shadow of the Human Rights Act? -- IV. Contemporary Common Law Constitutional Rights Jurisprudence in the Supreme Court: Putting the Common Law Back on the Map -- 4. The Nature and Characteristics of Common Law Constitutional Rights.

In the common law world, Albert Venn Dicey (1835-1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.

Bruce Harris has left an indelible mark on public law across the common law world. In this Festschrift, commentators explore key themes including the nature of executive power, issues concerning the judiciary, and the future of unwritten constitutions. This collection of essays conveys a distinctively pragmatic approach to public law, relevant to scholars and practitioners alike.

The taxonomies of an anti-Jewish legal order -- The secretaries-general : passive collaboration, Belgian law and the Jews, 1940-45 -- The fragility of law: anti-Jewish decrees and Belgian legal elites -- Aryanization, legalized theft and Belgian law -- Belgian municipalities and the introduction of anti-Jewish decrees -- Brussels : passive collaboration and the Jews of the capital -- Communicating, informing, and deciding : the city of Brussels and passive collaboration 1941-44 -- Liôge and its Jews: Hebrew and Polish stores, June 1940 -- Hirsch & co : a case study of Aryanization in Belgium -- Belgian lawyers, Belgian judges, Jewish cases -- Constitutional patriotism and the fragility of law

Frontmatter -- Contents -- Contributors -- Introduction / George, Robert P. -- Chapter One. Marbury v. Madison and the Theory of Judicial Supremacy / Tushnet, Mark -- Chapter Two. "Despotism in Some Form": Marbury v. Madison / Waldron, Jeremy -- Chapter Three. Dred, Scott v. Sandford and Its Legacy / Sunstein, Cass R. -- Chapter Four. Politics and Judicial Responsibility: Dred Scott v. Sandford / McPherson, James M. -- Chapter Five. Lochner v. New York and the Cast of Our Laws / Arkes, Hadley -- Chapter Six. The Substance of Process: Lochner v. New York / Drakeman, Donald -- Chapter Seven. Brown v. Board of Education and "Originalism" / Maltz, Earl -- Chapter Eight. Originalism - The Deceptive Evil: Brown v. Board of Education / Murphy, Walter F. -- Chapter Nine. Roe v. Wade: Speaking the Unspeakable / Elshtain, Jean Bethke -- Chapter Ten. Judicial Power and Abortion Politics: Roe v. Wade / Will, George -- Index