Introduction to the Study of the Law of the Constitution

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Finally, it is worth noting that constitutional supremacy does not mean that Parliament can never amend the Constitution. As discussed later in the book, the Constitution prescribes various requirements for amending different sections of the Constitution [7]. Constitutional supremacy only means that all law-making and conduct must be consistent with the Constitution, including amending the Constitution. • Separation of powers Constitutional law commentaries and curricula thus focus separately on the Bill of Rights and the separation of powers. This work roughly follows this structure. However, there is overlap between these two branches of constitutional law and this overlap is highlighted where relevant in this book. Allison, J. W. F. (December 2007). "History in the Law of the Constitution". The Journal of Legal History. 28 (3): 263–282. doi: 10.1080/01440360701698304. ISSN 0144-0365. First edition published in 1885 under title: Lectures introductory to the study of the law of the constitution Dicey, A. V. (1885). Lectures Introductory to the Study of the Law of the Constitution (1ed.). London: Macmillan . Retrieved 5 April 2018– via Internet Archive. ; Dicey, A. V. (1915). Introduction to the Study of the Law of the Constitution (8ed.). London: Macmillan . Retrieved 5 April 2018– via Internet Archive. The 8th edition, 1915, is the last by Dicey himself. The final revised edition was the 10th, 1959, edited by E. C. S. Wade:

Charlotte T, ‘Does Britain still uphold the rule of law?’ https://www.opendemocracy.net/openjustice/charlotte-threipland/does-britain-still-uphold-rule-of-law accessed 12 July 2017 Pharmaceutical Manufacturers Association of South Africa and Another: In re Ex Parte President of the Republic of South Africa and Others [2000] ZACC 1; 2000 (2) SA 674; 2000 (3) BCLR 241 (Pharmaceuticals) para 80. Dicey was born on 4 February 1835. His father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the Northampton Mercury and Chairman of the Midland Railway. His mother was Annie Marie Stephen, daughter of James Stephen, Master in Chancery. He owed everything - the expression is his own - to the wisdom and firmness of his mother. [5] His elder brother was Edward James Stephen Dicey. [6] He was also a cousin of Leslie Stephen and Sir James Fitzjames Stephen. As explained at the start of this chapter, constitutional law is roughly divided into two parts: separation of powers and the Bill of Rights. The book reflects this division.Saunders, Robert (2016). Democracy and the Vote in British Politics, 1848–1867: The Making of the Second Reform Act. Routledge. p.161. Follett, R. (2000). Evangelicalism, Penal Theory and the Politics of Criminal Law: Reform in England, 1808–30. Springer. p.7.

Enhances representative democracy by allowing citizens to participate meaningfully in law-making in various ways. Meanwhile, the question that does the United Kingdom still upholds the doctrine of rule of law is never ended being debated. The rule of law regulated that laws must not be retrospective. In other words, if a person’s conduct was not an offence when he committed it, he could not be tried for that particular offence. However, this requirement of restricting retrospective effect in the rule of law is being played down as legislation such as War Crimes Act 1991 has retrospective effect. Introduction to the Study of the Law of the Constitution (8th Edition with new Introduction) (1915) J. W. F. Allison, ed. (2013). The Oxford Edition of Dicey. Oxford: Oxford U.P. ISBN 978-0199685820. Vol. 1 includes the first edition of Introduction, with the main addenda in later editions; vol. 2, The Comparative Study of Constitutions, provides largely unpublished lectures on comparative constitutional law, intended for a further book; both volumes have extensive editorial commentary. Firstly, the courts must play the vital and active role to uphold the doctrine of rule of law. When the control of the Parliament on the administration is reducing, the judicial power and control should be adequately raised. Thus, in the countries which having a written and supreme constitution, the judiciary or the courts are given the responsibility and right to review executive and legislative actions if any unconstitutionality is spotted. Besides, the judges should do their best in correcting the loopholes in the law.

The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

This 8th edition, published in 1915, was the last edition written by Dicey. The 9th edition (1931) and 10th edition (1959) have an introduction and appendix by E.C.S. Wade A purely representative notion of democracy is incompatible with constitutional supremacy. Constitutional supremacy means that every so often the will of the majority will be constrained by a constitutional rule. However, as Chaskalson P held in Makwanyane, there are other notions of democracy that are compatible with limiting the power of a legislature by a constitution that is then interpreted by another arm of state (normally the judiciary). Democracy can entail safeguards for minority voters and does not have to entail parliamentary sovereignty [4]. Democracy does not have to entail a majority decision on every aspect of a state. The majority can decide to delegate decision-making on certain matters to a smaller group of people (for example, judges who are experts in constitutional law). In any event, whatever impact a constitution has on majority rule can also be mitigated by the fact that the majority decided to create that constitution (as it arguably did in South Africa). Oliver B, ‘Thailand: return country to democracy and the rule of law’ https://www.icj.org/thailand-return-country-to-democracy-and-the-rule-of-law/ accessed 12 July 2017 Dicey was educated at King's College School in London and Balliol College, Oxford, graduating with Firsts in classical moderations in 1856 and in literae humaniores in 1858. In 1860 he won a fellowship at Trinity College, Oxford, which he forfeited upon his marriage in 1872.

In this Book

For fuller accounts, see De Vos and Freedman op cit n 2 at 3; and Stu Woolman and Jonathan Swanepoel ‘Constitutional History’ in S Woolman & M Bishop (eds) Constitutional Law of South Africa 2 ed (2003) (service 6).