This work offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state.

Preface ; 1. Introduction ; 2. First Principles: The Rule of Law and Separation of Powers ; 3. Legal Obligation and the Concept of Law ; 4. Dissent and Disobedience ; 5. Equal Justice and Due Process of Law ; 6. Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review ; 7. The Rule of Law and Parliamentary Sovereignty ; 8. Fundamental Common Law Rights and Equality ; 9. Public Reason and Political Conflict ; Bibliography ; Table of Cases ; Index of names ; General Index

The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism ... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.

`... perhaps the most sophisticated account of common law constitutionalism...confirms Allan's reputation as one of the leading normative theorists of the constitution working in this country... a rich and absorbing book.' Thomas Poole Modern Law Review, May 2002 `... the most significant work in English on its topic in the last 50 or so years... he illustrates [the] argument through deft case analysis... scholarship of the highest order.' David Dyzenhaus, Public Law, Summer 2002 `...among the many virtues of the book stands pout the diligence with which Allan illustrates how the general priciples explained in the book are expounded in judicial practitce.' Alexander Somek, Philosophy in Review, December 2002 `...Allan does not shirk from addressing the biggest questions in legal and constitutional theory, and he does so with a masterly grasp of the issues and arguments. The work is cogent, attractive and thought-provoking.' Julian Rivers, Common Law World Review, March 2003 `Constitutional Justice is a valuable contribution to the debate about form and substance in the rule of law. It is also an important work on constitutional law and theory. By emplpoying the rule of law as a mechanism for explaining the relationship between the common law and legislative authority, Allan offers an understanding of the dialectic between reason and sovereign will that lies at the heart of the common law constitutional tradition. ... it shows that to expose the theoretical and historical foundation of a legal tradition of a legal system as an unwritten rule of reason is not necessarily to threaten democratic values that are supposedly reflected in sovereign legislative will....' Mark D. Walters, University of Toronto law Journal

Presents a systematic interpretation of constitutional law that draws explicitly on legal and political theory Comparative approach covering English, Australian, and American constitutional law The book presents a radical challenge to many of the traditional assumptions and interpretations of the British and Commonwealth constitutions

Presents a systematic interpretation of constitutional law that draws explicitly on legal and political theory Comparative approach covering English, Australian, and American constitutional law The book presents a radical challenge to many of the traditional assumptions and interpretations of the British and Commonwealth constitutions