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Anglo-Scottish Relations, from 1900 to Devolution and Beyond$
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William L Miller

Print publication date: 2005

Print ISBN-13: 9780197263310

Published to British Academy Scholarship Online: January 2012

DOI: 10.5871/bacad/9780197263310.001.0001

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PRINTED FROM BRITISH ACADEMY SCHOLARSHIP ONLINE (www.britishacademy.universitypressscholarship.com). (c) Copyright British Academy, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in BASO for personal use.date: 08 April 2020

Re-inventing the Union: Dicey, Devolution, and the Union

Re-inventing the Union: Dicey, Devolution, and the Union

Chapter:
(p.35) 3 Re-inventing the Union: Dicey, Devolution, and the Union
Source:
Anglo-Scottish Relations, from 1900 to Devolution and Beyond
Author(s):

James Mitchell

Publisher:
British Academy
DOI:10.5871/bacad/9780197263310.003.0003

This chapter addresses the fictions and reshaping of the United Kingdom constitution over the twentieth century. It also examines the territorial nature of the UK, making use of the most significant contributor to the creation of fictions concerned with territorial politics. Albert Venn Dicey contributed to the creation of one fiction — that of parliamentary sovereignty. He also contributed largely through popularising the notion. The chapter starts by describing the territorial nature of the UK. The caricatures, polemics and principles of Dicey are reported. His work, thinking and interpretations have been influential in two related respects, though these two are often conflated. First, Dicey has been influential in informing how the constitution operated and operates, and secondly how it ought to operate: he has been both descriptively and prescriptively influential. The three watchwords by Dicey comprise a pluralist fiction which has informed constitutional debate. These watchwords remain important but the balance has altered fundamentally.

Keywords:   Albert Venn Dicey, United Kingdom constitution, territorial politics, parliamentary sovereignty, constitutional debate

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