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Constitutional Theory

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This book examines the nature and role of the many conventions which, rather than laws, are instrumental in determining many important questions of Government behaviour in Britain and other Commonwealth countries

238 pages, Hardcover

First published July 29, 1971

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Geoffrey Marshall

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Profile Image for Robert.
75 reviews15 followers
February 13, 2017
This book is part of the Clarendon Law Series, which are meant to be accessible yet rigorous introductions to important topics in law and jurisprudence. This is a moderately early title in the series, originally published in 1971 when HLA Hart was still the series general editor.

This book is a look at political and legal concerns in Anglo-American legal systems - primarily the United States and the United Kingdom. And because it covers the UK Parliament and UK government, some of the things talked about feel a little alien. For example, talking about the crown as a legal concept is a little hard to pick up easily for a US based reader, like myself. But if you look passed that, passed the specifics of the Anglo side of things, there are still good bits of information to pull out from there (they have general information that is good).

It covers such topics as the rule of law, administrative law vs. constitutional law, the role of the judiciary, the role of the legislature, legitimacy and authority, freedom of speech, and others. Marshall doesn't always come down hard on sides of the topics, or at least didn't seem to do that from my reading, but arguments gets critiqued or bolstered. The information and discussions are evergreen, and I really think this book has aged well enough. Sure, there are more cutting edge books in the topics covered by this book, but this was such a high quality series that this book won't be a waste of your time.
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