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图书目录:Chapter 1: Introduction
1. The rule of law as a 'rule of reason' 2. British constitutionalism: Dicey's 'rule of law' 3. Equal citizenship and 'constitutional'democracy Chapter 2: First Principles: the Rule of Law and Separation of Powers 1. The rule of law and equal justice 2. Legislative authorization of executive power: common law rights and public purposes 3. Procedural legality: Fuller's 'internal morality of law' Chapter 3: Legal Obligation and the Concept of Law 1. A liberal interpretation of the 'internal morality' of law 2. The obligation to obey the law: legal and moral 3. A moral and constitutional conception of law 4. The intrinsic moral value of fair procedures Chapter 4: Dissent and Disobedience 1. The rule of law and freedom of speech: the 'right of civil disobedience' 2. Civil disobedience and fidelity to law' 3. Advocacy and incitement: the 'clear and present danger' test 4. The 'right of silence' as a right of protest Chapter 5: Equal Justice and Due Process of Law 1. Introduction 2. Administrative justice and constitutional principle 3. Judicial functions and executive agencies: the sphere of the 'quasi-judicial' 4. Legislative classifications and the definition of 'act of attainder' Chapter 6: Justiciability and Jurisdiction: Political Questions and the Scope of Judicial Review 1. Political questions and the limits of justiciability 2. Constitutional convention and political principle 3. Adversarial adjudication and the merits of 'judicial restraint' Chapter 7: The Rule of Law and Parliamentary Sovereignty 1. Introduction 2. Judicial review of administrative action: constitutional foundations 3. The moral foundations of Hart's 'rule of recognition' 4. Evolution of the 'rule of recognition ': human rights and European law 5. The constitutional limits of parliamentary sovereignty Chapter 8: Fundamental Common Law Rights and Equality 1. Equality and the separation of judicial power 2. Procedural and 'substantive' due process: ex post facto laws and unjust legislation 3. Implied rights, popular sovereignty, and judicial review 4. The right to a fair trial in criminal proceedings Chapter 9: Public Reason and Political Conflict 1. Moral pluralism and common law reason 2. Enforcing conventional morality: democracy and liberalism 3. Public purposes and private conscience Bibliography Table of Cases Index of Names General Index |