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Vol 21 No 10 Oct/Nov 2016

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Common Law

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ISBN13: 9781855213913
ISBN: 1855213915
Published: September 1994
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



These essays examine the basis of common law. Among the topics they raise are the principles of overruling; judicial obligation, precedent and the common law; parliamentary supremacy and parliamentary sovereignty; precedent; the ratio decidendi of cases; and legal principles and limits.

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Contents:
Common law and statute law, P.S. Atiyah; towards principles of overruling - when should a final court of appeal second guess?, J.W. Harris; judicial obligation, precedent and the common law, Stephen R. Perry; the British Grundnorm - parliamentary supremacy re-examined, George Winterton; the courts and parliament - who whom?, Philip Allott; parliamentary sovereignty - Lord Denning's dexterous revolution, T.R.S. Allan; coherence, hypothetical cases and precedent, S.L. Hurley; constrained by precedent, Larry Alexander; the Horwitz thesis and common law discourse in England, R.B. Ferguson; the common law and the selection of efficient rules, George L. Priest; why is the common law efficient?, Paul H. Rubin; precedent, Frederick Schauer; is the common law law?, Frederick Schauer; the ratio decidendi of a case (1957), A.W.B. Simpson; the ratio decidendi of a case (1958), A.W.B. Simpson; Blackstone v Bentham, R.A. Cross; two modes of legal thought, George P. Fletcher; reason in the development of the common law, S.F.C. Milsom; legal principles and the limits of the law, Joseph Raz.