The Rule of Law in UK Public Law Textbooks: From Critique to Acceptance?

Forthcoming in Public Law

9 Pages Posted: 10 May 2018

See all articles by Brian Christopher Jones

Brian Christopher Jones

University of Liverpool - School of Law & Social Justice

Date Written: May 10, 2018

Abstract

Crack open almost any UK public law textbook nowadays and readers are likely to find an expansive chapter on the rule of law. This makes sense, given its historical origins and Dicey’s recognition of the concept as one of the two main constitutional principles in his celebrated text, The Law of the Constitution. However, for virtually all of the twentieth century, the rule of law did not feature heavily in most public law textbooks. Often texts gave it marginal coverage, grouping it with other constitutional principles such as the separation of powers or constitutional conventions. Other texts openly and adamantly disparaged it. This piece seeks to shed light on this fact, incorporating a brief survey of public law textbooks in the twentieth century, including a few contemporary texts that traversed the turn of the century.

Keywords: Rule of Law, United Kingdom, Public Law, Constitutional Law, Administrative Law, AV Dicey, Textbooks

Suggested Citation

Jones, Brian Christopher, The Rule of Law in UK Public Law Textbooks: From Critique to Acceptance? (May 10, 2018). Forthcoming in Public Law, Available at SSRN: https://ssrn.com/abstract=3169765

Brian Christopher Jones (Contact Author)

University of Liverpool - School of Law & Social Justice ( email )

Brownlow Hill
Liverpool, L69 3BX
United Kingdom

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