By J. W. F. Allison
The elemental felony and institutional alterations of contemporary many years have introduced the English structure into query. Accompanying concerns were the level to which its conventional personality and major good points were replaced, misplaced their former allure and retained their distinctness within the eu Union. those matters should not quite simply addressed in daily brooding about a structure easily conceived as unwritten or in constitutional money owed variously preoccupied with summary research, political responsibility or transcendent norms. The English ancient structure addresses those concerns via constructing a historic constitutional strategy and therefore elaborating on continuity and alter within the constitution's major doctrines and associations. From an English felony viewpoint, it deals a supplement or corrective to analytical, political and normative techniques via reforming an outdated notion of the ancient structure and of its background, in part obscured and lengthy ignored during the sleek analytical preoccupation with its legislations as an summary scheme of ideas, rules and practices.
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Additional resources for The English Historical Constitution: Continuity, Change and European Effects
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57 above, 64. Smith and McLaren, ‘History’s living legacy’, n. 57 above, especially at 312–15. See generally D. J. ’ in A. Lewis and M. ), Law and History (Oxford: Oxford University Press, 2004), pp. 33–40, especially at p. 40; Baker, ‘Why the history of English law has not been finished’, n. 57 above, 64. Baker, ‘Why the history of English law has not been finished’, n. 57 above, especially at 78, 84. ’62 For Holdsworth, legal history was ‘necessary to the understanding and intelligent working of all long established legal systems’: [A]ll long established legal systems must possess a background of old institutions, and of old technical principles and rules, sufficiently stable to give security to the ordering of society, and yet sufficiently elastic to allow the changes needed by altered social needs, and an altered public opinion.
91 See pp. 8ff above. H. W. R. Wade, ‘The Crown, ministers and officials: legal status and liability’ in M. Sunkin and S. ), The Nature of the Crown: A Legal and Political Analysis A HISTORICAL CONSTITUTIONAL APPROACH 29 readily embraces varying points of view provided they are express and ready to recognise their own limitations as a result. 93 Whereas Dicey’s analytical approach was in pursuit of a logically coherent formal scheme of constitutional legal rules and principles, the liberal normativist approach is preoccupied with liberal principles of legal and political morality in constitutional interpretation.
See p. 21 above. A HISTORICAL CONSTITUTIONAL APPROACH 27 the past without negating the constitution’s peculiarity. In short, they are written in the hope of remedying legal doctrinal neglect of basic historical and geopolitical dimensions to the English constitution. The chapters below are expressly selective of subject, perspective and historical period. The features of the constitution, they elaborate upon – the Crown, the separation of powers, parliamentary sovereignty and the rule of law – have been selected because of their centrality or prominence from a legal or legal doctrinal perspective.