Constitutional theory

Author: Jeffrey Marshall
Publisher:
Publish Date: 2006-06-01
Features: This is Marshall's most important work and has long been regarded as a classic in the field. The authoritative reference work Blackwell Dictionary of Political Thought lists Marshall's Constitutional Theory as a must-read classic under the entry for "Constitution." In the introduction to the dictionary, Marshall inherits Dicey's tradition by stating that he is outlining the fundamental principles of the constitution, but in terms of structural arrangement, he breaks away from Dicey's model. After discussing Austin, Metcalfe, and Dicey's theories on sovereignty, he dedicates separate chapters to the King and the executive power, the legislative power, and the judicial power in the United Kingdom. Marshall's narrative unfolds along two threads: one is parliamentary sovereignty, and the other is the separation of powers. For this reason, he explores the latter issue in Chapter 5.
Centered around the core constitutional conflict between the state and the citizen, Marshall focuses on civil rights—primarily equality before the law and freedom of speech—in the following chapters. As a conclusion to the book, he examines the traditional in Western political theory: civil disobedience. This is the inherent tension that arises after the doctrine of popular sovereignty achieves a quasi-theological status, leading to a separation between the sovereign and its holder, or what can be seen as the crux of free democratic constitutionalism. The author of this book, Marshall, and Wheare, the author of Modern Constitutions, are hailed as the two oddities of British constitutional scholarship in recent years.