Bulletin n. 2/2016
December 2016
INDICE
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Lino Dylan
    Albert Venn Dicey and the Constitutional Theory of Empire
    in Oxford Journal of Legal Studies , Volume 36 Issue 4 Winter ,  2016 ,  751-780
    In the post-1945 world, constitutionalism has transcended the nation state, with an array of transnational arrangements now manifesting constitutional characteristics—so says a growing number of scholars. This article reveals an earlier but largely forgotten discourse of transnational constitutionalism: the constitutional theory of the British Empire in the late 19th and early 20th centuries. Focusing on the work of Albert Venn Dicey, the article shows that, when the Empire was at the height of its power and prestige, British constitutional scholars came to see the Empire as a constitutional order and project. For Dicey, a committed constitutionalist and imperialist, the central dynamic of the imperial constitutional order was balancing British constitutional principles with imperial unity. This article focuses in particular on parliamentary sovereignty, a constitutional principle that, for Dicey, was both necessary for and dangerous to the Empire’s integrity. An exercise in intellectual history, the article rethinks Dicey’s work and the constitutional tradition in which Dicey has played such an integral part, seeking to reveal empire's forgotten significance.
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