Common law constitutionalism

a different view

Research output: Chapter in Book/Report/Conference proceedingConference proceeding contribution

Abstract

Analysis and critique of underlying principles of the theory of common law constitutionalism from an historical perspective. Over the last decade, scholars have been writing about "common law constitutionalism." It is timely to reconsider exactly what is meant in this context by the "common law," and what therefore "common law constitutionalism" may mean. The following inquiry proceeds through a number of steps: what is "law" (a contested concept among jurisprudes), what is the "common law" (again a contested subject) and then what is "common law constitutionalism". It suggests that recent discussion of this concept has overlooked the role of the monarchy in Westminster constitutionalism, and the pivotal role of the monarch's oath of governance in both the common law and also in constitutionalism. In addition to the debt to sources and writers recognized in the footnotes, the author wishes particularly to acknowledge the assistance obtained from the magnificent work of the late Patrick Wormald on Anglo-Saxon laws.
Original languageEnglish
Title of host publicationAustralian Society of Legal Philosophy Annual Conference
Subtitle of host publicationproceedings
Number of pages36
Publication statusPublished - 2006
EventAustralian Society of Legal Philosophy Conference - Auckland
Duration: 23 Jun 200625 Jun 2006

Conference

ConferenceAustralian Society of Legal Philosophy Conference
CityAuckland
Period23/06/0625/06/06

Keywords

  • common law
  • constitutionalism
  • judicial review
  • crown
  • coronation oath
  • governance

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  • Cite this

    Kelly, M. R. L. L. (2006). Common law constitutionalism: a different view. In Australian Society of Legal Philosophy Annual Conference: proceedings